Māori sperm donor made guardian to ensure child's connection with heritage

A Māori man has been appointed as a guardian to a child conceived via sperm donation to ensure the child's cultural needs are met.

The child, identified in District Court of New Zealand court documents under the pseudonym 'Elle', was born in 2018 after the man donated sperm to a lesbian friend. He is of Māori heritage, and she is of European ancestry, referred to as Pākehā in Māori. While the parents had signed a co-parenting agreement before conception, the friendship had broken down due to inconsistent visits, the mother claimed, and a failure to allow the man to introduce the child to his Māori family and culture, the father claimed. He sought access to Elle so he could ensure she understood her Māori identity.

The Court found the former agreement regarding contact was not clear enough to be enforceable and granted the man guardianship rights over the child and access three times a week. District attorney judge Jill Moss stated: 'I consider that the appointment of the applicant as a guardian advances Elle's welfare and best interests. It will ensure a legally recognised pathway to development of the broad features of her identity,' Stuff reported.

Conflict between the parents arose shortly after the child's birth in 2018. Judge Moss explained that Elle's mother struggled with the man's 'strongly expressed' wish to introduce Elle to his Māori family, or whānau. She also struggled with how inconsistent his visits were, including six-months gaps that occurred during the COVID-19 pandemic.

The judge stated that the mother's case was 'focused on the need to protect Elle from inconsistency, and on the applicant's lack of understanding of the impact of the gaps in contact on Elle'.

However, the man explained that he was inconsistent due to previous work commitments. He confirmed he wanted Elle to understand her identity and feel like she belonged to his whānau.

The judge said that 'his evidence left the court with the distinct impression that the principles for Elle relate more to her belonging to a proud heritage, rather than his engagement in the minutiae of her life', New Zealand Herald reported.

Overall, the judge ruled that due to the cultural differences between Pākehā and Māori children, family and community ties needed to be considered. Access to her father was also the only way the child could learn the Māori language. Therefore, the man was granted guardianship of Elle with contact allowed every two to three weeks.

This was because the court ruled that '[Elle]'s identity includes social and psychological aspects, but also genetic ones. Thus, the concept of identity is unduly limited if considered only in terms of legal relationships'.

The original co-parenting agreement outlined an intention for the man to choose the child's middle name. Judge Moss also ruled for this name to be added to her birth certificate, with his last name to be added as a 'third name'.