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Medical: Surrogacy parentage order when two children born of different parentage.

By Bill Madden on August 27, 2026
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BNJ & Anor v DZ & Anor [2026] QChC 13 (Link to AUSTLII).

An unusual matter, where two children had been born in 2025 following a surrogacy arrangement, where one child was the biological child of the intended parents, and the other was unexpectedly conceived by the birth parents. In other words, one child was the biological child of the surrogate parents, and the other was the biological child of the birth mother and her partner.

Upon confirmation of the genetic parentage of each of the two children being carried by DZ, the applicants proceeded on the basis that the chid T was the child (that would be) born of the surrogacy arrangement, and that the child S was a child conceived by the respondents and therefore the child of the respondents.

The court concluded that in the unique circumstances presented by this case, S was not a birth sibling of T. As such section 24 of the Surrogacy Act 2010 (QLD) does not apply to prohibit the making of a parentage order in favour of the applicants, with respect to T only. All parties consented to the order.

[BillMaddensWordpress #2573]

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