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Applicant and respondent have entered into an altruistic international surrogacy agreement

Daughter and her two fathers sharing a day out and smiling

The background 

In 2017, a child was born abroad as the result of an international surrogacy arrangement between the applicant (Mr. Gornik), the respondent (Mr. Thorburn), the birth mother (Mrs. Remis), and the birth father (Mr. Remis).

According to the agreement, the Intended Parents wanted to conceive a child using anonymous donor eggs fertilised by the Genetic Father’s sperm.

The Genetic Father, Intended Father, Gestational Carrier, and Genetic Father form a surrogacy collaboration (the Husband).

The Intended Parents are a same-sex couple in a common-law relationship who desire to conceive a family.

Right after giving birth, the baby’s parents brought him to Australia. They’re parents to a daughter of four years now.

The Gestational Carrier carried the kid for free in exchange for out-of-pocket surrogacy costs.

The proceedings

The surrogacy agreement is between the applicant (Genetic Father), the respondent (Intended Father), Mrs Remis (Gestational Carrier), and Mr Remis (the Husband).

On December 1, 2021, the applicant and respondent submitted an application for a revised minute of final consent orders.

The parties have agreed that the applicant should have primary physical custody of the child, where he would both reside and spend time with the respondent. The parties are also asking for judicial orders regarding contact, disclosure, behaviour modification, out-of-country travel, and the issuance of passports for children.

The outcome

The ruling makes note of the birth of the child as well as the fact that Mrs. Remis gave her permission for the application to be submitted to a court overseas.

The ruling makes notice of the fact that the country abroad was satisfied that the applicants (the applicant and the respondent in these proceedings) had proven, on the basis of the preponderance of the evidence, the genetic and biological relationship between the applicant and the child.

The court in the foreign nation was convinced that it was in the child’s best interests for the other intended parent, who was the respondent, to be legally recognised as the child’s other parent for the purposes of the law. The court’s decision may be seen here.

The court ruled that the altruistic surrogacy relationship is straightforward and honest and was satisfied that both parties adore the child.

Family court WA decision of surrogacy snapshot

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