Talking Turkey

Am I, (the donor), legally the father of a child born from donor insemination?

No.  Unless the biological mother is married or in a de-facto relationship with the donor or any other man, the child born as a result of donor insemination is presumed, at law, to be fatherless.

What if I am named on the child’s birth certificate?

Being named on the birth certificate raises a presumption that you are the father of the child.  However, this presumption can be rebutted by evidence of the child being conceived by donor insemination.

What are the effects of being named on the birth certificate?

There are implications for the mother and the child if you are named on the birth certificate.  Obtaining a passport for the child and dealing with Centrelink are likely to be affected if you are named on the birth certificate. 

If the mother is receiving Centrelink benefits she normally has to show that she has sought child support payments from the father named on the birth certificate.  If you are named as the father then the mother will need to demonstrate to Centrelink that the child was conceived through donor insemination and that she is therefore unable to obtain child support from you.

Am I liable to pay child support?

The Family Court of Australia has held in a case decided in 1996 that a Donor was not liable to pay child support as he was not considered to be a “parent” of the child, even if he was named as a parent on the birth certificate.

However if you have promised the mother that you will assist financially and you then change your mind, you may be forced by the court to honour the promise.

Can I have a parenting relationship with the child?

A person who has a concern for the “care, welfare or development of a child” may apply to the Family Court of Australia for parenting orders in relation to the child.  This can include the donor. 

If an agreement cannot be reached then the court will determine what orders to make that are “in the best interests of the child.”

What is the Court’s approach to homosexuality in relation to making orders for a child?

The court must make orders relating to a child which are “in the best interests of the child.” 

The parties’ sexuality may be an issue which the courts consider.  It depends on the particular facts of the case. 

There have been decisions made where parenting orders have been made in favour of gay fathers and lesbian mothers