In a landmark June 2019 decision by the High Court of Australia, the Court ruled that a sperm donor who gave sperm to a woman with whom he was not in a relationship at the time of conception is legally the father of the child born as a result of that donation. Clinic practices are specifically formulated to prevent the transmission of HIV and other infections. The semen is frozen and stored for three to six months while the donor is tested and retested to ensure that they are not carrying transmissible infections. One of the problems with these private sites is that there is no way to ensure that donors respect the Australian limits of sperm donors. If a woman (married or not) becomes pregnant through a fertilization procedure in which sperm is used by a man who is not her husband, it is assumed that this man is not the father of a child born as a result of pregnancy. “When there is someone like Alan who is happy to donate to so many people, others stand up for it because there are not many donors because of the new laws. The High Court may have taken a reasonable approach in recognizing that any person – including a sperm donor – who assumes parenting should, in certain circumstances, share responsibility for raising a child. As a result, Mr Masson was recognised as the legal parent of the child on the basis of a section of the Commonwealth Family Law Act 1975 dealing with the filiation of children born by artificial conception procedures. In New South Wales, babies are born each year through the use of sperm donated by a private donor or through the use of assisted reproductive technology (ART) treatment.
Although the use of donated sperm for private purposes is not regulated, the use of donated sperm in the treatment of ART is regulated by the Assisted Human Reproduction Technology Act (Assisted Human Reproduction Act), which, among other things: However, these standards may not apply to self-insemination agreements, so people who enter into these agreements take more risks to health and the law. If something goes wrong, they don`t have the same remedy as those who use an authorized provider. Last year, a man touted as Australia`s unofficially most productive sperm donor was already examined by the Victorian Assisted Reproductive Treatment Authority (VARTA). It is clear that a sperm donor may have the option to apply for parenting orders in family court, whether or not they are a parent. At the time, Louise Johnson, now former chief executive of VARTA, was quoted by the Daily Mail Australia as saying that the investigation into Mr Phan meant that a patient had been prevented from using her embryos made with the Brisbane man`s sperm at one of the facilities, causing her immense suffering. With respect to self-insemination agreements, when fertility clinic services are used to treat the biological parent or to store sperm, the donor must agree to have their information recorded in the Central REGISTRY of ART donors. The original argument that the Status of Children Act 1996 takes precedence has been dispelled. The law states that a sperm donor is not a parent unless he or she is the mother`s factual spouse or partner. However, this is inconsistent with Commonwealth law. And in cases where state law and federal law collide, the court has inexplicably determined that federal law prevails.
Therefore, in this case, Commonwealth law prevails. The threshold at which a person moves from “sperm donor” to “legal parent” remains somewhat unclear. When donating his sperm, Mr. Masson believed it would play an important role in the life of Child A and did so in the following way: However, it is not clear whether a known sperm donor will be the legal parent of a child conceived by parents who do not meet these requirements. The Groth Family Court`s decision v. Banks (2013) suggests that a known sperm donor may be the legal parent of a child (in addition to the biological parent) if an LGBTIQ couple was not in a common-law relationship at the time of conception. If this is the case, it is important that all parties seek independent legal assistance. In New South Wales and Western Australia, these laws are even stricter, with donors only allowed to start up to five families.
If you need assistance with this or any other legal question, please contact Owen Hodge Lawyers. At Owen Hodge, we are always happy to help clients understand the full impact of all their legal needs. Do not hesitate to call us as soon as possible to arrange a consultation at 1800 770 780. Whether a “donor child” was conceived with a private sperm donor or through antiretroviral therapy, a sperm donor is not a parent under New South Wales law and therefore has no parental rights. Section 14 of the New South Wales Status of Children Act 1996 states that a sperm donor is not the father of a child conceived with his or her sperm unless he or she is the mother`s de facto husband or partner. Margaret and Susan appealed the decision because the family court had not applied the relevant law to determine whether or not Robert was a legal parent of the child, as Susan was single at the time of B`s conception. this man can claim to be the father of the child. Whereas a woman who hires a donor through a fertility treatment clinic has rights under Victorian law with respect to contact with the donor. This decision does not open the door to custody battles by anonymous sperm donors who have never seen or had a relationship with their biological child.
The verdict could affect thousands of couples and single women whose children were conceived with known sperm donors. A person conceived as part of antiretroviral therapy may contact the Central REGISTRY of ART donors for donor information once they reach the age of 18. You may also receive both non-identifying information about the donor`s children or offspring and identifying information if the donor`s children or descendants agree. Masson arrested them in family court because it was determined that he was a relative, but in the appeal, state laws were used to designate him as a pure sperm donor. If you are considering donating sperm or using a sperm donor to start a family, we have experience working with clients in this highly specialized area of family law. .