Do Sperm Donors Have Parental Rights in Perth Family Law?

Have you been involved in conception procedures involving a sperm donation? If so do you want to know your legal rights regarding the child?

Sperm donors may be parents in specific circumstances and may have parental rights and responsibilities.

If sperm donors are parents how much time should the child spend with the sperm donor and his family and friends? Should the birth mother be permitted to relocate to live with the child in another location?

On 19 June 2019, the High Court of Australia held that a sperm donor who provided sperm to a friend for insemination was a legal parent of the child.

The ordinary, accepted, English meaning of the word ‘parent’ excludes sperm donor. However, this definition was rejected by the Court in June 2019 when a sperm donor asked the Court to consider his legal rights as a father to the child conceived through artificial insemination.

Bodeker’s Family Lawyers and Mediators (“Bodekers”) can advise you regarding your legal rights as a parent. That is the rights of the child to a relationship with parents in Perth Family Law and in Family Law throughout Australia.

Our Legal Practitioner Director has dealt with many unique parenting circumstances including the rights of LGBTQI couples and modern family structures and is well equipped to offer you the best advice surrounding your situation and rights as a participant of artificial insemination procedures.

The ethos of our Perth Family Law firm Bodekers is to resolve parenting matters as quickly as practicable involving the least amount of stress and costs for our client.

In parenting matters, the court considers what is in the best interests of the child. Parenting arrangements should cover issues such as parental responsibility, living arrangements, time spent and communication between with a child and any other aspect of the care, welfare or development of a child, such as religion, education, medical, travel and other issues as appropriate.

At Bodekers Family Lawyers & Mediators (“Bodekers”) we offer our clients a free pre-read. This is emailed to prior to your appointment for our Legal Practitioner to read. We invite you to provide everything you would like to tell our Legal Practitioner Director during your first reduced rate appointment. You are invited to provide copies of previous court documents and relevant information you would want us to read before your appointment.

You may want to make a list of specific questions prior. This means your appointment time is not spent providing this information. We can get straight to what you most need to know. Some of the information that may be useful could include:

  1. The name and address of both you and the other party;
  2. A brief history of the parenting relationship including your respective involvement in conception procedures, pregnancy, birth, early parenting and parenting to date as relevant;
  3. The date you were married or commenced cohabitation (if applicable);
  4. When you and your former partner separated(if applicable);
  5. Whether there were any previous periods of separation(if applicable);
  6. Whether there are or have been any Family Violence or Restraining Orders and if so copies of same;
  7. The name and ages of the children;
  8. What parenting arrangements are in place and have been in place including the nights and other time the child or children spend with each parent;
  9. Details of any Court orders in place;
  10. What parenting arrangements do you want?
  11. What arrangements does the other parent want?
  12. The school your children attend and whether your child or children have special needs;
  13. The work rosters of both parents;
  14. Any extra-curricular activities your children participate in;
  15. Any issues of abuse, neglect, family violence, drug or alcohol use; and any other issue you see to be relevant.