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ARTICLE · 10 JULY 2019

Does a sperm donor have parental rights?

The High Court ruled on how the law applies to a sperm donor who wants to be considered the legal father of the child.

AustraliaFamily and Matrimonial

Advances in medical science have introduced a number of complex legal questions about the parental rights of a sperm donor.

Does a man who donates his sperm to fertilise a woman's egg have any rights as a father of the child? Is a mother who undergoes artificial insemination automatically granted sole custody of a fertilised egg and resulting child?

The High Court recently had to rule on this vexed question, weighing up how the law applies to a sperm donor who wants to be considered the legal father of the child.

Was he an invested parent or merely a sperm donor?

The sperm donor in question had agreed in 2006 to have a child with a female friend through artificial insemination. He is named as the father on the child's birth certificate. As a parent, he is actively involved in her life. He also provides ongoing financial support to his daughter, who calls him "daddy".

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