Jacq and Dene

9 Jul 2019

JOY Law: High court rules sperm donor is a legal father

JOY Law

This week, Jacq and Dene chat to Chris from KHQ Lawyers a man winning the right to be named the legal father of a child, conceived via sperm he donated to a friend.

The birth mother, given the pseudonym Susan, was not in a relationship when the child was conceived. Susan is now in a same-sex relationship with a woman, ‘Margaret’.

According to the Family Law Act, if a woman in a relationship conceives a child via a sperm donor, the donor is not considered to be a parent.

The law, however, doesn’t specify what the status of the donor is if a single woman conceived a child via sperm donation.

The father, ‘Robert’ maintained a close relationship with the child after she was born. That contributed to the court’s decision to have him named as a parent.

Susan and Margaret will now need to consult Robert about long-term decisions regarding their daughter.

You can catch up on other JOY Law episodes here.

JOY Law on-air and via podcast

The team from KHQ Lawyers join Jacq and Dene for JOY Law, a regular segment where we discuss legal issues of interest to the LGBTI and ally community.

Tuesdays at 4.15pm on JOY 94.9.

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