Over the past five years, couples have approached the Family Court of Australia seeking a declaration of parentage arising from surrogacy arrangements. But despite approaching the Court with very similar circumstances, the divergence in outcomes reflect the tensions between state and federal legislation, and legislative and policy considerations. This case study will examine three recent international surrogacy cases considered by the Family Courts, including the recent decision of the Full Court of the Family Court of Australia in Bernieres and Anor & Dhopal and Anor. It will also briefly reflect on the implications of this decision for the parents of children born of international surrogacy arrangements.

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