Do artificial insemination donors have the legal rights of a parent?

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arabella01

Active Member
21 April 2017
5
0
31
i.e. can they demand time with child, do they have decision making powers (changing childs name, medical/schooling decisions), or can the intended 'parents' essentially remove the donor from the child's life?

Is this answer affected in relation to homosexual partners?

Regards
 

Blessing

Well-Known Member
20 April 2017
70
8
224
Sydney NSW
they can demand time, whether they get it or not is another thing. This is one of those situations where its really hard to find a direct answer. The first thing you consider is the intention of the parties at the conception, was the donor giving the donation with understanding that he/she will be part of the child's life or not? was there an agreement signed? the other consideration is if the 'intended' parents are married or in a defacto relationship, they are by law, legally the parents of the child. Meaning the donor is not recognised as a legal parent, however the Court would recognise and give some weight to him being a natural parent.

In the case that set precedent in such circumstances the judge ordered the child to spend very limited time with the father (the intention at conception was found to have been that the donor father would be involved) however refused to give shared parental responsibility (right to be involved in decision making)

Family law applies the same way to same sex couples as it does opposite sex couples.