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couple battle to adopt own biological son

Turns out that decent in legal terms takes precedence over biological descent.

A SYDNEY couple will have to apply to the NSW Supreme Court for permission to adopt their own son, after the Family Court found that, in the eyes of the law, he was not theirs.

Judge Garry Watts last week ruled that the boy's biological mother -- the woman who provided the egg and has raised him since birth -- is legally his stepsister, while his biological father -- who provided the sperm and has likewise raised him since birth, is legally his stepbrother-in-law.

The court ruled that the boy's mother is the woman who carried him in her womb: that is, his grandmother. His father, at least in the legal sense, is his grandmother's de facto, a man named Clive, who has no biological connection to him.

Justice Watts admitted that these results were "surprising" to all parties but came about because surrogacy law in NSW hadn't kept pace with science.


http://www.inmycommunity.com.au/news-and-views/milestones/Couple-must-battle-to-adopt-their-own-son/7532699/

http://www.theaustralian.news.com.au/story/0,25197,25911649-2702,00.html

hattip:
saturday_frost

Comments

( 2 comments — Leave a comment )
greenpea33
Aug. 11th, 2009 06:56 am (UTC)
So legally, he can marry his biological mother? They really need to change those rules.
splatchtrock
Aug. 12th, 2009 09:07 am (UTC)
I think that is an example of a judge handing down a batshit insane ruling in order to highlight the shortcomings of the law and to encourage action upon them.
( 2 comments — Leave a comment )

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