Federal Court (Full Court). Is the question of whether a person qualifies as “a parent” under s 10B(1) of the Australian Citizenship Act 1948 (Cth) a question of fact to be determined by the Court? Can it be said that, "absent a biological parental relationship, parentage typically is a matter of intense commitment which involves acknowledging that other person as one’s own child"?
The Full Court of the Federal Court (FCAFC) said as follows:
4 Section 10B(1) of the [Australian Citizenship Act 1948 (Cth)] provided that a person born outside Australia is an Australian citizen if two conditions were satisfied:
(1) the person’s name was registered for the purposes of s 10B at an Australian consulate within 25 years of birth; and
(2) a “parent” of the person was at the time of birth an Australian citizen who had acquired Australian citizenship otherwise than by descent.
Some of the questions to the FCAFC were as follows:
Question 1: Is the question of whether a person qualifies as “a parent” under s 10B(1) a question of fact to be determined by the Court?
Question 2: Can it be said that, "absent a biological parental relationship, parentage typically is a matter of intense commitment which involves acknowledging that other person as one’s own child"?
Question 3: Can it be said that "even a biological connection in specific circumstances may not establish an individual as a parent of another"?
The FCAFC answered those questions as follows: