Three investigating judges presiding over the Family Court of Australia and a plenary session have held that: Mr. and Mrs. Bernieres whose child was born abroad through surrogacy using Mr. Bernieres’ sperm and a donor egg, will not be recognised as the child’s legal parents.
“Mr. Bernieres is obviously the child’s biological father but that does not automatically make him the legal father in the eyes of the law. Furthermore, the mother is not even the child’s biological mother, which, according to the judges, makes it even less plausible to make her the “legal mother””.
This decision will inevitability have repercussions on legal paternity and conditions for adopting children born abroad to Australian nationals via commercial surrogacy.
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