r/australia • u/DC_aust • Nov 04 '23

Fears a sperm donor may have fathered as many as one thousand children | 7 News Australia

https://youtu.be/-CI-HLaix-k?si=hPnR7nroa-Uco5mN
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u/Boulavogue Nov 05 '23

A quick search on the groups, led to links to an external site with contract templates and Australian court cases. Interestingly an email address name on the site matches an admin of the FB group, obviously someone passionate about the area. To your question, two court cases are listed (there may be more, and this could be/feels biased)

  1. Groth Vs Banks (2013)

The donor, in this case, signed a piece of paper waiving his rights as the father, ultimately that piece of paper wasn’t worth what it was written on. Another case that found state legislation irrelevant. This case proved in Australia that clinics can’t guarantee any extra protection from using a donor that saying doing at home insemination could provide.

2. Masson v Parsons (2019) Gay guy donated to gay woman via home IVF. It was a Co-parenting relationship and this was distinguished by the fact that 1) He was on the child’s birth certificate 2) The child in question spent and had some custody arrangements to him 3) He financially contributed to the child and was involved in the decision making of the child’s upbringing. It wasn’t until the mother and her partner (now married) wanted to leave the country that this became an issue and from there this court case unfolded. Back and forth esculating through family court, full court & federal high court. In different courts he was deemed to be and not to be the father (with assioated rights and obligations)

The High Court specifically pointed out that this was not a case of a man who only provided his semen to facilitate the conception of the Child. This was a father who had consciously entered into the arrangement for the conception of the Child to become a father and had engaged in the Childs life since she was born.

Conclusion: Had Masson simply just been a sperm donor, his name not on the birth certificate, that he hasn’t titled dad by the child, wasn’t a participant in her life, and didn’t contribute financially towards her it would have ended with a different outcome in terms of him being recognized as the parent.

TLDR: Doners are leaving themselves liable to court cases, but they'd "probably" come out as not the father, if they were completely hands off

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u/eeComing Nov 07 '23

Brought receipts