The Canadian Surrogate Mother gave up her parental rights to the baby but the Australian Passport office considers her a legal parent. This has prevented the Intended Parents from obtaining an Australian passport for the baby.
An Aussie gay couple are stuck in Canada after unsuccessful attempts to obtain an Australian passport for their young son born to a surrogate mother.
In Canada, the surrogate mother signed a statutory declaration rescinding her parental rights over the baby. But Australia’s Passport Office follows the Family Law Act and still considers the mother a parent, requiring her consent for the application.
A spokesperson for Foreign Affairs Minister Julie Bishop said in a statement: “Under Australian law, a birth mother is considered to be a person with parental responsibility for a child, whether or not she has a biological link to the child or is named on the child’s birth certificate.