A Newcastle man has been successful in his Application to the Court to restrain the biological mother of their child from travelling overseas with the child without his consent. The child’s mother, along with her same-sex de facto partner, attempted to take the child to New Zealand, along with a second daughter from another relationship.

While the child was conceived through artificial insemination, the man was named as the father on the child’s birth certificate. He had also played a parenting role and has been referred to as “Dad”.

The mother relied on earlier court decisions which held that sperm donors are not parents.

The father was able to obtain an interim injunction preventing the mother from taking the child overseas. His solicitor argued that, because the two women had not been in a de facto relationship at the time the child was born, he was the legal parent.

The decision has extended the rights of sperm donors, by making it more difficult for single women who use identifiable donors to then exclude that donor from their child’s life.

The decision makes clear that sperm donors may have standing to seek parenting orders, if they have played a role in their children’s lives and the mother was single at the time of conception. (The Australian)

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Lucy Urach

Lucy Urach

Family Lawyer

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