8 Comments Family & de facto law, financial agreements, consent orders
What rights do I have as the donor?
Now the mum-to-be is single and not in a relationship, does this change my rights as a sperm donor? At the time of conception, she was engaged and in a relationship with her ex-partner.
Do the emails I have (prior to conception) where she agreed to me having contact with the child assist me if this ends in court?[/QUOTE]
Legally this is dealt with in S60H of the family law act >>> FAMILY LAW ACT 1975 - SECT 60H <<<
As the two of them were in a de facto relationship at the time, & both of them & yourself were consenting participants in the process, then in the eyes of the family court it is not your child.
As such, I'm afraid you can not apply for orders regarding future contact via the family courts..
Her ex partner may apply as she is the intended parent.. It's also possible that the mother could apply for the other intended parent to pay child support..
Of course if you stay on good terms, then you may still be in the picture, but unfortunately no way of legally compelling her.
Hi and thanks for your response.
I am still on good terms with both of them, their break up hasn't caused any issues relating to future proposed contact with the child. The mum to be plans to raise the child as a single parent.
They both do not think they were in a de facto relationship as they had been in a relationship for more than a year and less than 2 years, and they had never lived together, and they were both financially independent.
The intent was they were both to be the parents and I was the donor who would have contact with the child.
Not sure if this complicates things for me if it's established they weren't in a de facto relationship.
Complicates?... depends on your perspective. Certainly changes things though.
If they were not in nor ever were in a genuine de facto relationship, ie, living together as a couple, then Section 60H of the act that I linked above does not apply..
In that case, you are the father of the child. As such, you could apply for parenting orders. It also means that the mother could claim Child support from you regardless of any contact..
If she applies for a single parent pension for example, I believe centrelink will insist that she apply for Child support or substantially reduce her entitlements..
All good if your okay with that. If not I suggest you get some professional legal advice as to just where you stand here as the two of them were not in a de facto.
Not sure of the legal situation with a same sex couple, it probably should be the same as conventional couples, but the law may not have caught up with the facts. However the two years cohabiting to prove a de-facto relationship does not apply if there is a child to the relationship with a conventional couple.
Your situation is actually a legal minefield as no sperm donor agreement signed and the same sex couple have separated prior to the birth.
Scott you certainly have the potential of parental rights, but with them comes the potential of child support. I agree with Jaazzz you need some professional legal advice if you wish to pursue this matter.
Whether you are considered the father or not is covered by the Parentage Act or equivalent in your state of residence.
In the ACT where the pregnancy arises from a procedure the sperm donor is presumed to not the child's parent. If the birth parent underwent the procedure with the consent of their domestic partner then that person would be presumed to be the child's parent would be). The definition of domestic partner takes into account many factors including living together but that is not the only consideration.
You need legal advice relevant to your own jurisdiction.