Dent v Rees [2012] FMCAfam 1303
Court: Federal Magistrates Court
Judge: Terry FM
Facts: A lesbian couple, together for 17 years, faced disagreements over parenting orders and birth certificates for their three children, all conceived through artificial insemination. One child was biologically related to the applicant, while the other two were linked to the respondent, using the same anonymous donor. Due to restrictions on birth certificates, both parents couldn’t be listed at the time of the children’s births. One child had special needs. The court granted the applicant mother the right to add her name to the birth certificates, reciprocated for the respondent.
Reasoning: According to Clause 17(4)(a) of Part 4 of Schedule 3 of the Births, Deaths and Marriages Registration Act 1995 (NSW), a woman presumed to be a parent can seek to add her name to the birth certificate. However, the Registrar can’t make this change without the consent of the birth mother or a court order, as stipulated by Section 19(2) of the Act. This allows any court determining a child’s parents to order the registration of the birth or the inclusion of parents in the Register.
To read the full judgement go to: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FMCAfam/2012/1303.html