title: The Family Courts and parentage of children conceived through overseas commercial surrogacy arrangements: A child-centred approach.
abstract: This article adopts a child-centred approach to the vexed issue of commercial surrogacy. These arrangements are prohibited throughout Australia. Nevertheless, Australians are travelling overseas and entering into commercial surrogacy arrangements. This article addresses the dilemma confronting the Family Courts when the commissioning parents and the child return to Australia. Should the Family Courts make parenting orders enabling the commissioning parents to raise the child? Alternatively, should they make parentage orders legally recognising the commissioning parents as the child's parents? After exploring the existing legislative structure and its application, the interest theory of children's rights is utilised to justify changes to the law so that the commissioning parents are regarded as the child's legal parents.
authors.forename: Adiva
authors.initials: A
authors.lastname: Sifris
mesh_terms: D001315:Australia; D002648:Child; D002651:Child Advocacy / Q000331:legislation & jurisprudence*; D003132:Commerce / Q000331:legislation & jurisprudence*; D005260:Female; D006801:Humans; D057193:Medical Tourism / Q000331:legislation & jurisprudence*; D010290:Parents; D011247:Pregnancy; D013533:Gestational Carriers / Q000331:legislation & jurisprudence*