Sperm donor’s name removed from child’s birth certificate

In this Alert, Partner Alison Ross and Associate Kathleen Coggins discuss the recent Queensland case where a sperm donor was removed from the birth certificate in favour of both parents' names of a same sex couple.

Key points:

• In Queensland, same sex parents may both be recorded on a child's birth certificate as a parent to a child born as a result of artificial insemination, even if the child's birth certificate initially recorded either only their mother, or their mother and the sperm donor, on the birth certificate.
• Regardless of who is recorded as a "parent" on a child's birth certificate, it is open to a Court exercising jurisdiction under the Family Law Act 1975 (Cth) to make an order for a child to spend time with any person who is concerned with the care, welfare and development of the particular child, including a sperm donor who is not otherwise a legal "parent" of the child.