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Wednesday, April 23, 05:23:02amLogin ] [ Contact Forum Admin ] [ Main index ] [ Post a new message ] [ Search | Check update time ]
Subject: Re: Submission: Assisted Reproduction & Adoption


Author:
Perry
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Date Posted: Friday, May 21, 07:51:49pm
In reply to: Sexuality Officer 's message, "Submission: Assisted Reproduction & Adoption" on Sunday, May 16, 11:39:32pm

"37. Should the Status of Children Act 1974 explicitly provide that a child born as the result of a semen donation to a single woman or a woman in a lesbian relationship is not the child of the semen donor?"

Usually this issue arises where the sperm donor wishes to have greater access to the child against the wishes of the single woman or lesbian couple. Providing that the child is not the child of the sperm donor is usually seen as a protection for the woman or lesbian couple.

ND & BM [2003] FamCA 469 (23 May 2003) showed the flip side. A sperm donor and lesbian couple signed a written agreement that the sperm donor would have no legal rights to the child, that he would not be responsible for the financial support of the child and that, if the lesbian couple separated, the non-birth mother would assist with the financial support of the child. When the couple separated the birth mother took action, seeking a declaration that the sperm donor was liable to pay child support.

The Court held that the agreement between the parties could be ignored and that the sperm donor was liable to pay child support.

This decision means that there is no way for a sperm donor to protect himself from liability to pay child support. It may therefore discourage men from acting as sperm donors, making it more difficult for single women and lesbian couples to have children.

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Re: Submission: Assisted Reproduction & AdoptionNo nameSunday, May 30, 02:51:35am


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