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High Court rules sperm donor as legal father of child

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The High Court has declared a sperm donor the legal father of his child because he was involved in her life.

The man is named the father on the child’s birth certificate and was actively involved in the girl’s life, even being called ‘daddy’.

The mother wanted to move to New Zealand with her female partner and the man took them to an NSW court who deemed the man a parent, but that decision was later overturned by the Family Court of Australia.

Eventually, the high court ruled in favour of commonwealth law, despite the original decision being overturned on the basis of state law, and declared the man a legal parent.

Head of Family Law at Lavin, Framy Browne tells Ross Greenwood there were special circumstances leading to the result.

“It’s not doom and gloom, it’s certainly not a case where a sperm donor who has had nothing to do with a child can then simply rely on this case.

“Many family lawyers have been waiting with a bated breath for this decision.”

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