In the case of CDA & Anor v TRA & Anor [2024] QChC 12, the Childrens Court of Queensland addressed an application for a parentage order under the Surrogacy Act 2010. The applicants, CDA and JMB, entered into a surrogacy agreement with TRA, initially involving assisted conception methods. Multiple attempts to achieve pregnancy failed, leading to the amendment of their surrogacy agreement. Meanwhile, TRA started a relationship and naturally conceived a child, OTL, with her new partner, NGE. Despite OTL being naturally conceived, the parties adhered to the surrogacy agreement's spirit, and CDA and JMB took full responsibility for the child post-birth. The court considered whether a verbal relocation of the surrogacy terms to include natural conception constituted exceptional circumstances to dispense with the requirement for the agreement to be in writing and signed. The unique nature of the case and the demonstration of mutual agreement to include natural conception satisfied the court's criteria. Consequently, the application for the parentage order was approved, recognizing all preconditions met and highlighting a rare example of surrogacy practice.
Full text: https://www.sclqld.org.au/caselaw/149308