Legally Defining " Parenthood "

A case seems to be heading to the High Court to achieve clarity on whether a " sperm donor " can in some circumstances legally claim to be a " parent " of a child conceived with his sperm. At present there is a clash between state and Commonwealth law and getting this clarified will be of immense interest to the many single women who have used a sperm donor to achieve motherhood with the intention of raising the child without a " father figure " present.

The claimant in this case had known and been friends for twenty years with the woman he inseminated and in December, 2006 they " privately and informally "conceived a baby.  At that time the mother was starting her long term relationship with her current female partner but the donor was present at the birth and actually cut the umbilical cord.

For twelve years he has been involved in that child's life and this included overnight visits - and countless trips to ballet rehearsals.  His name is on this childs birth certificate and both her and her sister - to whom he is not biologically related - call him " Daddy ".

It is quite apparent that this relationship was both harmonious and likely to remain intact indefinitely until the mother and her female partner announced that they intended to move with the children and take up residence in New Zealand.  The donor of the sperm that conceived this child went to court to block that move.

The problem is that under New South Wales state law the father of any child conceived under the use of his sperm is presumed to be the father unless he is the husband or de facto partner of the mother - and this presumption is " irrebuttable  "

Family Court judges usually rely on Commonwealth law and this does not define the rights of a sperm donor if the mother does not have a partner at the time of conception.  Nowhere is the term " parent " defined.

It looks like the High Court will have the task of sorting out a problem that seems to have the law out of touch with evolving family arrangements.  It leaves many families in an uncertain legal position and there seems a need to provide for conception agreements and the need to list more than two parents on a birth certificate.

Originally, sperm donors were to be anonymous and their identify fully protected but in todays world a more casual approach is fast gaining momentum.  It is now not unusual for the mental ability, height and colouration of a father figure to be taken into account when choosing the probable outcome that may be apparent in the child conceived.

The event where sperm donors become involved in the future of children they conceive brings a new aspect to the intent of the law.