The appellant, who was in a same-sex union with the biological mother, sought a declaration of parentage for a child conceived with the assistance of a male friend.
The biological father remained involved in the child's life, meaning an adoption order would sever his parental rights.
The Court of Appeal held that while the Children's Law Reform Act only contemplates one mother and one father, a legislative gap existed regarding children born to same-sex parents through reproductive technology.
The Court exercised its parens patriae jurisdiction to declare the appellant a mother of the child, recognizing three legal parents to protect the child's best interests.
