Sperm donor wins parental rights in Australia

An Australian court has ruled that the birth mother of a nine-year-old boy should lose custody of the child, with parental responsibility being granted to her former same-sex partner and their sperm donor.

The child was conceived within a same-sex relationship, via IVF, using sperm from the sperm donor and eggs donated by a mutual friend of the couple. Although the sperm donor was not listed on the birth certificate, he had been consistently part of the child's life and regularly spent time with him, including overnight stays. Following a breakdown of relationship between the two women, the child was subject of a lengthy and expensive custody battle between the three adults. The child's gestational mother claimed that the sperm donor had waived any rights to formal parental duty and sought sole responsibility of the child.

The Federal Circuit and Family Court of Australia ruled against the gestational mother, with the judge saying that the 'evidence unequivocally supports that [the sperm donor] has provided support and care to [the boy] since the time of his birth and will continue doing so'. The judge added that '[the mothers] do not enjoy any superiority over any other person keenly interested in [the boy's] welfare'.

The boy's own independent legal counsel had suggested that either shared responsibility among all three adults or sole custody to the sperm donor would be most suited to the boy's needs.

In arriving at this decision, the judge was guided by the best interests of the boy, and said that it was not in the boy's best interest for 'all three to share parental responsibility for him', given it was imperative that 'major long-term decisions in relation to these issues [of medical and health needs] are made without delay and to the best standards'. To this end, the judge added that it was in the child's best interest that an order should be made that minimises possibility of further court proceedings.