Hi all before i start - this is purely for my own interest and education. My partner and i already have 2 children conceived at home via a known donor so I'm not seeking info on my own situation it's already happened :-)
Ok so i was talking via fb to someone who said they were an ivf scientist. They said that 2 women doing home insemination (with sperm donation) with a known donor was technically classed as natural conception and that the sperm donor had the same rights to the child as any father (via intercourse with mother).
She said the only way that a sperm donor is legally recognized as a donor is through registering at a clinic.
I disagree as this is in contrary to legal advice that we received. Can anyone give any more info on this?
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08-07-2016 08:29 #1
Home insem in QLD - Looking for someone with legal knowledge
08-07-2016 08:39 #2
Sub to reply later, but i think your friend is broadly right.
08-07-2016 09:30 #3
From what I've read on here over the years I think what you gave been told is correct. I'm sure there is someone else who knows more about it though. Good luck, it sounds like you may have some work ahead of you to sort legal stuff.
08-07-2016 09:34 #4
I'd probably have a read in here. If used through a registered clinic that is legally recognised there is no responsibilities to the donor.
Do you know the person that is saying they are a scientist.
Depends on whose names would be on birth certificate.
From what I've read and been told by a friend who has done at home donor. They had an agreement drawn up but this agreement is also not enforceable by law
08-07-2016 11:07 #5
08-07-2016 11:12 #6
We have both mothers names on each of the kids birth certificates.
We went through a lawyer who told us the same thing about the agreements not technically being enforceable.
We went through our gp who has put info on our medical records to say she provided advice and equipment for home insemination.
08-07-2016 12:31 #7Junior Member
- Join Date
- Jul 2016
I wouldn't take much notice from a person that works at a clinic. We must remember clinics are a business they rely on people using them to be successful. With many Australian facebook groups, with various sperm donor websites, clinics are now starting to lose business, and this will further dwindle as the word spreads of these groups and how successful people have been with starting their own family without having to pay extortionist prices through going through traditional methods such as the clinic. It's within the clinics best interest to place doubt into peoples minds to sway them back to the clinics.
I am a Artificial Insemination Donor who donates outside of clinics. I have done extensive research and yes we're protected by the law. There has been court cases in australia that have demonstrated we're protected as long as the baby isn't conceived via Ni.
However if you're single at the time of conception you are not protected by the law. The law discriminates against single ladies. I guess Centrelink wants at least 2 names on the birth certificate, they probably think the child can be supported better with less government handouts.
If you're in a hetro or same sex relationship you're entitled to put your partners name on the birth certificate. Once on the Birth Certificate it's pretty hard to get that persons name removed unless they themselves relinquish all rights.
Last edited by adamhooper; 08-07-2016 at 12:34.
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08-07-2016 13:08 #8
I was a bit shocked that she claimed that what we'd done was 'unofficial' and that our donor was legally the same as someone that father's a child via sexual intercourse.
Oh and luckily for me, i have a same sex partner so I'm not discriminated against 😁. First time for that statement!
Last edited by Candiceo; 08-07-2016 at 13:30.
08-07-2016 20:27 #9
From everything I've ever read (including legal information), home insemination still gives the donor rights to seek some form of custody should they want to.
Whilst legal advice can be sought and an agreement can be put in place it is not actually legal binding as the court will still ultimately rule on whether your known donor can have access to the child.
Using an anonymous donor through a clinic (clinic recruited) was the only "fool proof" way that we were able to find when it comes to using a donor.
The bonus is that you haven't had any issues with your donor so not a big deal but unfortunately some donors have a change of heart and can still appeal to the courts for visitation rights or a custody arrangement.
08-07-2016 20:58 #10Junior Member
- Join Date
- Jul 2016
A court will judge each case on it's own merit. If you use a donor and he said he would like to have visits etc, he has signaled his intent to be involved in the child's life. If you reneg on this agreement he may want to take it too court and that has happened in the past in the Australian court system where the donor has been granted visitation rights. There has never been a case in Australia where a donor has changed his mind and done a full 360. Normally from a human psychological perspective a donor needs to meet the child and get that connection before he feels the urge to fight for rights.
Most people who chose an Ai donor, prefer to use a married man that has his own family and own children. Others prefer donors that have a few donor children out there as they feel safe knowing that they ain't a sole target. Picking a single guy that might not end up having his own family may later down the track try to pursue connection. But this is all hypothetical as it hasn't happened yet.
Keep this in mind though if a donor wants to take you to court he must serve you in person. So if he doesn't know where you live or work for that matter. You pretty much don't have anything to worry about because he does not have the ability to serve you.
Last edited by adamhooper; 08-07-2016 at 21:01.
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