Two men named baby’s parents

Two men have been declared the parents of a toddler born through a surrogate, after a NSW court ruled it was in the child’s best interests.

The birth mother agreed to give up recognition on the birth certificate, leaving only the names of the Sydney same-sex couple on the document, News Limited reports.

Supreme Court Justice Paul Brereton said he was satisfied the pregnancy wasn’t the result of an illegal commercial agreement and the woman who carried the baby wasn’t paid to do so.

The ruling is believed to be a NSW first under The Surrogacy Act, which was introduced in 2011 and imposes penalties of up to two years’ jail or a $110,000 fine for people found to have entered into a commercial surrogacy arrangement in which a woman is paid to carry a child on behalf of others who cannot sustain their own pregnancy.

Not all Australian states allow same-sex couples to use so-called altruistic surrogacy to have a child.

The child is now two years old.

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