Court orders in surrogacy case on hold pending possible appeal by State

Friday 19 April 2013 14.12
State may appeal ruling to the Supreme Court
State may appeal ruling to the Supreme Court

Court orders for the recognition of a genetic mother of twins born to a surrogate are on hold pending a possible appeal by the State.

The case returned to the High Court today for finalisation of orders.

But lawyers for the State asked for a stay on the orders in the event of an appeal to the Supreme Court.

The genetic parents of the twins last month won their case aimed at achieving legal recognition for the mother.

The twins were born to her sister using the couple's embryos.

Mr Justice Henry Abbott awarded the couple their costs today.

The State now has 21 days to appeal.

Last month Mr Justice Abbott ruled that the genetic mother was the legal mother and was entitled to have a declaration from the court stating that.

He also said the twins were entitled to have the genetic mother named as their mother on their birth certificates.

The State had refused to allow the genetic mother to be listed as the mother on the twins' birth certificates.

The surrogate mother was the sister of the genetic mother, and had supported the application.