I'm curious @adamhooper ... Why do you do it? Do you have a partner and are they ok with it? I want to know your story .
My girls were donor sperm through a clinic. I wanted no challenges to custody.
Here is a link to a blog by a lawyer who specialises in this area of law. I've linked his posts on artificial insemination. I don't have time to have a good look at what he has written, but you may find some answers to your questions:
She worked with a lady in a same-sex relationship that was looking for a donor for a couple of years so that planted the seed in my head to begin with. After we had our own 2 children and realised how blessed I am as we were able to conceive really easy. I also thought if I had fertility problems how much money would an IVF clinic set us back on top of the mortgage we had now. How long the waiting lists are etc. How would effect our quality of life.
Because I am comfortable with the law, I think this is unique way to be able to give back to the community. I also help run Sperm Donation Australia Facebook group and it has been amazing to be a part of a growing community. I have met some really nice people along the way that I am more than happy to donate too, some people drive 100s and 100s of kms for donations and people flied over from different states. Also these people feel more at comfort being able to meet me in person see my characteristics and features at a face to face meeting rather than go off a piece of paper.
So yeah I think being able to help those out in the community in such a unique way where there is a demand for people if I can help promote it that others may start considering donoring themselves then that would be great.
Here's the relevant post: http://lgbtlawblog.blogspot.com.au/2...is-parent.html
@Candiceo, from memory, your children are a bit older, is that right? The legal advice you were given may have been correct at the time - the law regarding ART, parentage and children, etc, is complicated, and changes. I'm no family lawyer, but I understand that decisions about parentage are made on a case by case basis, with the best interests of the child being paramount. The Family Law Act overrides state legislation regarding who is declared to be a parent on birth certificates, etc. The birth certificate is not 'the' document that defines parental rights for all purposes.
The case that's being referred to in the blog post above was a June 2013 case which sent a bit of a shockwave through the ART industry. In that case, a known donor who donated through a clinic was found to be the legal father for the purposes of the Family Law Act. The situation was complicated in various respects - the donor and the mother had previously been a couple, etc, but they broke up, and he later donated to her through a clinic as a known donor. Parenting orders were made, including both parties having equal shared parental responsibility concerning the major long-term decisions for the child, and access by the donor/father to the child.
Based on the above case, I think the relevant difference is known vs unknown donors, rather than clinic vs home artificial insemination.
So I think the FB IVF scientist might be part-right - in relation to your comments:
"They said that 2 women doing home insemination (with sperm donation) with a known donor was technically classed as natural conception"
[Don't know about that - this might differ between different State's legislation regarding parentage of children - but NI vs AI isn't the end of the story anyway]
"... and that the sperm donor had the same rights to the child as any father (via intercourse with mother)."
[Possibly right - given the case above - though each case decided on its facts]
"She said the only way that a sperm donor is legally recognized as a donor is through registering at a clinic."
[Not sure that's right - in the above case, the person *was* a clinic donor, and was granted parental orders in his favour! Anon donors, on the other hand, are not regarded as having parental rights.]
In summary, there are potential risks with known donors that they may change their mind at some point and try to claim some parental rights. I really feel for couples where that donor relationship goes bad, and this is the reason we used an anon clinic donor. I'm really pleased to hear that you have a great relationship with your donor
Thanks Adam. I'm hoping to meet my girls donor one day. How many babies have you helped create?
@JustJaq that is really interesting. I interpret the outcome of that particular case to mean that clinics aren't the ultimate in legal 'protection' if a judge can overrule the original intent of the donor.
Thanks for taking the time to explain it, this makes sense to me now.
Our kids are 5yrs and nearly 3. We have a known donor who was a friend for years prior to the kids coming along. We now refer to him and his partner as family (including his partners kids from a previous marriage) and we spend lots of time together, which i know is a situation that wouldn't suit many people, but we are happy.
I don't have any legal concerns for my situation, we regularly have conversations with him about how he feels about the kids, if he'd like to see them more (or less lol!). We are very open with everyone about how our family is and who's in it, so I'm not concerned for my own situation.
Well I did say the laws don't protect single people and that they want 2 people on the birth certificate. And the only way to avoid 2 people being considered parents of the child is for the mother too either lie on a stat declaration and make up a story she doesn't know who the father is, or legitimately keep the donors details to an absolute minimum so that she doesn't have to lie and write it was anonymous sperm donor off the internet or by a clinic. If you try to write no father on a birth certificate you have to do a stat declaration, if you mention the persons name then they will follow him up and make him the father of the child even it's against both parents wishes. In this case it's kind of hard to lie because it's all been registered through the clinic that a known donor was used and the ramifications of being caught lying on a stat declaration are quite severe.
There was a case in NSW a sperm donor donated to a same-sex couple the child was born after a couple of years the same-sex couple broke up, funnily enough the biological mum reacquainted with the sperm donor and formed a hetrosexual relationship. They then tried to get the birth certificate changed to include his name as father. However the non bio mum didn't want to relinquish her rights and the court did not overturn it, and she still has custody rights of the child.
The Family court will do what it thinks is best for the child and not what is best for the surrounding adults. So there is no set law in stone and every case may have a different outcome depending on how much you have covered yourself and kept evidence of intentions etc. If you use a family friend a donor then the courts recognize that this person isn't a complete stranger to your family and can be trusted with visitation rights. If you use a donor who is a stranger hasn't had anything to do with the child previously the court isn't likely going to hand the child over.
Wise Enough I have helped several families, I have a registerd list of children born but I never count the lines I don't see these children as a number I see them as each an individual gift. I have the ability of having facebook contact with each family. And have always donated to same-sex families this way it protects people against incest stories as people can identify that maybe possibly they're siblings and then they can message me to cross reference that query.
However when the children get to a high school age I will get one of the mothers to create a dibling group, and every family can decide for themselves if they want their child to be involved with it, to create awareness, Obviously helping same-sex couples it's easier for them because they will know there was a donor out there.
I find with clinics with anonymous donors even though they're only allowed to donate to 5 or 10 families depending on their state not all children will make contact with the donor once they turn 18 or contact with other siblings. Meaning there is more chance of incest stories happening than from people using people like me as all these children can never be accounted for so there can always be doubt, especially if the child was conceived through a hetrosexual relationship where it's quite common for the father not to tell the child they were donor conceived.
Pleased to hear your family is doing well
Last edited by JustJaq; 09-07-2016 at 22:52.
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