The male partner of a man who is the father of three-year-old twins born to a surrogate in India has won a WA Family Court ruling that will clear the way for him to adopt the children.
The court decision, published yesterday after being delivered earlier this month, has granted the man dispensations from requirements under WA adoption laws that will allow authorities to process his application to be legally recognised as the twins' step-parent.
The judgment reveals the children have lived with the couple, who are not identified by their real names and referred to as James Marston and Charles Blake, since they were born in India in July 2010.
The decision ruled that in recognition of the reality of "family" in present day society, Mr Marston should be recognised as a parent of the twins for the purpose of adoption laws and Mr Blake, as his partner, had a right to apply for adoption as a step-parent.
"Superimposed on the established facts is the need for the court to bear in mind the interests of these children," Justice Jane Crisford said.
"This includes their identity and their long-term welfare."
The twins were born after a surrogacy procedure at a fertility clinic in Mumbai.
Eggs from an anonymous donor were fertilised with Mr Marston's sperm and implanted in a surrogate, referred to as Ms Sengupta.Ms Sengupta, her husband and Mr Marston entered into a surrogacy agreement, which is legally binding under Indian law.