NSW Known Sperm Donor Rights. Mothers illicit drug and alcohol use.

[MartinG]

As a sperm donor I'm not sure what legal rights I will have in this situation? I'm about to seek formal legal advice.

I am a known sperm donor, a baby is due in later this year, I met the mum-to-be on a co-parenting website.

No formal legal agreement has been signed or agreed to yet.

Prior to conception I made it very clear I did not want to be an anonymous donor and we agreed I would have ongoing contact with the child as they grow up, where I would be known as a family friend and not a parent. We agreed when the child was mature enough to understand (before they turn 18), the child would be told I'm the biological father and I would have greater contact.

Also prior to conception, I asked the question "Do you use illegal/illicit drugs, or have you in the past?", the answer was "I don't use drugs, I had tried when I was younger". Likewise I asked about alcohol use and she told me she was a social drinker.

When I found out she was pregnant, she told me I have no rights to the child and I would be allowed one visit a year only. I have email and SMS correspondence detailing what we originally agreed to.

I have since found out she is a heavy drinker (alcoholic) and she has been drinking whilst pregnant. I also found out she was frequently smoking marijuana when we were trying to conceive. What else I found out is she is on a disability pension, she told me she wasn't working because she lost her job.

The mum-to-be is in a same sex relationship. It is not a defacto relationship as they do not live together and they are both financially independent. They are intending to live together after the child is born.

I'm mentally and emotionally a mess at the moment, I'm concerned like you wouldn't believe about the baby. As the biological father, legally I don't know what I can do to protect the baby from harm, or what I can do?


Any advice would be great.
thanks MG

 

[hshkara]

Hi Martin

You have entered the extremely murky waters of family law and the rights of sperm donors. This is an area that has had a few developments over recent times sot it is something that you would definitely need specific legal advice on.

In summary, there was a recent high court ruling this year that confirmed that sperm donors have rights as a parent and can apply to the family court for parenting orders just like any other parent.

There are intricacies surrounding that ruling.

Given the extra information about alcohol and smoking, this would add another layer of mud to an already murky situation, as the courts highest obligations is to protect children. If evidence could be adduced about the mothers lack of care, this would be something the court would take into consideration.