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2dadsIn a landmark first-of-its-kind decision, the Supreme Court has ruled that a gay male NSW couple are the legal parents of a child born through a surrogate.

Born in April 2010 and now aged two, the child will now have the two men listed on the birth certificate. The judge rules that that was in the best interested of the child, with the birth mother agreeing to no longer be recognised on the birth certificate.


Justice Paul Brereton noted that the case was “the first application under the Act of which I am aware in which the intended parents are a same sex couple".

Brereton said he was satisfied that the surrogate’s pregnancy wasn’t the result of an illegal commercial arrangement – which would’ve meant penalties for the parties involved.

The decision is not without critics – the Australian Christian Lobby’s Jim Wallace says the law involved should be repealed, as it could lead to a ‘stolen generation’ of absent birth parents.

As current law stands, it’s only possible for two parents to be listed on birth certificates. But in some cases there have been calls for birth parents to be listed along with those who intend to raise the child.

For instance, in August 2011, a NSW judge decided to remove a male sperm donor’s name from the birth certificate of a child being raised by a lesbian couple. As a result, the donor was reportedly “devastated”, leading the judge to suggest changes to the law.

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