--- title: What rights exist for a Sperm Donor description: When does the situation change from “Donor” to “parent”? image: https://blog.eastcoastlaw.com.au/hubfs/Depositphotos_136240180_s-2019.jpg --- - [Home](https://www.eastcoastlaw.com.au/) - [Family Law](https://www.eastcoastlaw.com.au/family-law/) - [Conveyancing](https://www.eastcoastlaw.com.au/conveyancing/) - [Business Law](https://www.eastcoastlaw.com.au/business-law/) - [Contact Us](https://www.eastcoastlaw.com.au/contact-us/) [Conveyancing](https://pages.eastcoastlaw.com.au/living) ### A blog for easier living Life was meant to be easy Today's world throws us many curveballs. Join us for tips & life hacks that straighten the curves & help you enjoy the ride. Sign up   [Living Blog Home](https://pages.eastcoastlaw.com.au/living) [Family Law](https://blog.eastcoastlaw.com.au/living-blog/tag/family-law) [Conveyancing](https://blog.eastcoastlaw.com.au/living-blog/tag/conveyancing) [Featured](https://blog.eastcoastlaw.com.au/living-blog/tag/featured) [Business](https://blog.eastcoastlaw.com.au/living-blog/tag/business) # What rights exist for a Sperm Donor Apr 17, 2020 2:30:53 PM ![](https://blog.eastcoastlaw.com.au/hubfs/Depositphotos_136240180_s-2019.jpg) ### Conception occurs in many ways: traditional conception, IVF, surrogacy, adoption, sperm or egg donation in the clinical sense and sperm donation in the informal sense. In the case of *Masson and Parsons & Ors* (2019), (pseudonyms used), a woman asked her good friend to donate sperm so that she could have a child. They made an informal agreement and subsequently she fell pregnant by way of artificial insemination resulting in the birth of a child in 2007. In 2015, the mother and her de facto partner wished to relocate to New Zealand. As the sperm donor had been involved in the child’s life for the preceding 8 years and in fact had been referred to as “Dad” he sought to restrain the family from moving to New Zealand. Informal sperm donors, even clinical sperm and egg donors do have a role in a child’s life where an arrangement is agreed. This also occurs in adoptions where biological parents continue to play a role in the child’s life in an “open Adoption” arrangement. So, when does the situation change from “Donor” to “parent”? In *Masson and Parsons & Ors* 1. The father was on the child’s birth certificate as the “father.” 2. When assisting with the conception he believed he was fathering a child for whom he would care and provide financial support for as a “father.” 3. Both he and the mother had extensive conversations about how co-parenting would work. 4. He attended ultrasounds, the baby shower and the birth. 5. From birth, the child spent regular time with him and later, regular overnight time. 6. She refers to him as “Daddy” and always has. 7. The father has provided financial support throughout the child’s life and has been involved in decisions regarding her health, education and matters of general welfare. 8. He took her on holidays, and they spent special occasions together including Christmas and birthdays. The Court found that he and the child had an extremely close and secure attachment. The father even played “Dad” to the child’s younger sister, with whom the father had no biological connection. The Court found that the father was a legal parent of the child and made orders allowing for him to spend extensive time with the child and restraining the mother and her wife from relocating with the child to New Zealand. The Appeal Court of the Family Court disagreed but the High Court reversed the decision and agreed that the father was a “parent” for the purpose of the Family Law Act. The law of parentage is complicated, and each family situation has different considerations which require concise analysis of both State & Federal legislation plus the state of the relationship between the parties What this case came down to, among other things, was the ordinary meaning of the term “parent.” It was noted that the *Family Law Act*, when it uses the word “parent”, refers to a parent within the ordinary meaning of that word (except where expressly excluded). In that sense, the father provided his genetic material for the express purpose of fathering a child he expected to parent and has since followed through with this intention by undertaking a parenting role, to a significant degree. The role the father played was clearly that of a parent, and akin to the role of a separated parent in any traditional parenting arrangement. Similar cases may have a different result because the ordinary use of the term “parent” involves a question of degree. If the father only saw the child occasionally, would he still be a parent? If he didn’t pay child support, would he be a parent? The result of a similar case would depend upon the specific circumstances. *The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about by your specific circumstances. Should you require assistance please do not hesitate to contact our Family Lawyers Vicki Andrews, Ashleigh Lumby or Amelia Brayley on 1300 327 826* Share [Return to Blog](https://blog.eastcoastlaw.com.au/living-blog) ### Archive ##### Archive 2022 [January](https://blog.eastcoastlaw.com.au/living-blog/archive/2022/01) 2021 [November](https://blog.eastcoastlaw.com.au/living-blog/archive/2021/11) [June](https://blog.eastcoastlaw.com.au/living-blog/archive/2021/06) [May](https://blog.eastcoastlaw.com.au/living-blog/archive/2021/05) [March](https://blog.eastcoastlaw.com.au/living-blog/archive/2021/03) [February](https://blog.eastcoastlaw.com.au/living-blog/archive/2021/02) [January](https://blog.eastcoastlaw.com.au/living-blog/archive/2021/01) 2020 [November](https://blog.eastcoastlaw.com.au/living-blog/archive/2020/11) [October](https://blog.eastcoastlaw.com.au/living-blog/archive/2020/10) [September](https://blog.eastcoastlaw.com.au/living-blog/archive/2020/09) [August](https://blog.eastcoastlaw.com.au/living-blog/archive/2020/08) [July](https://blog.eastcoastlaw.com.au/living-blog/archive/2020/07) [April](https://blog.eastcoastlaw.com.au/living-blog/archive/2020/04) [March](https://blog.eastcoastlaw.com.au/living-blog/archive/2020/03) [February](https://blog.eastcoastlaw.com.au/living-blog/archive/2020/02) 2019 [November](https://blog.eastcoastlaw.com.au/living-blog/archive/2019/11) [October](https://blog.eastcoastlaw.com.au/living-blog/archive/2019/10) [September](https://blog.eastcoastlaw.com.au/living-blog/archive/2019/09) [August](https://blog.eastcoastlaw.com.au/living-blog/archive/2019/08) [July](https://blog.eastcoastlaw.com.au/living-blog/archive/2019/07) [June](https://blog.eastcoastlaw.com.au/living-blog/archive/2019/06) [May](https://blog.eastcoastlaw.com.au/living-blog/archive/2019/05) [April](https://blog.eastcoastlaw.com.au/living-blog/archive/2019/04) [March](https://blog.eastcoastlaw.com.au/living-blog/archive/2019/03) [February](https://blog.eastcoastlaw.com.au/living-blog/archive/2019/02) [January](https://blog.eastcoastlaw.com.au/living-blog/archive/2019/01) 2018 [December](https://blog.eastcoastlaw.com.au/living-blog/archive/2018/12) [November](https://blog.eastcoastlaw.com.au/living-blog/archive/2018/11) [October](https://blog.eastcoastlaw.com.au/living-blog/archive/2018/10) [September](https://blog.eastcoastlaw.com.au/living-blog/archive/2018/09) [August](https://blog.eastcoastlaw.com.au/living-blog/archive/2018/08) [July](https://blog.eastcoastlaw.com.au/living-blog/archive/2018/07) [June](https://blog.eastcoastlaw.com.au/living-blog/archive/2018/06) [May](https://blog.eastcoastlaw.com.au/living-blog/archive/2018/05) [April](https://blog.eastcoastlaw.com.au/living-blog/archive/2018/04) [March](https://blog.eastcoastlaw.com.au/living-blog/archive/2018/03) [February](https://blog.eastcoastlaw.com.au/living-blog/archive/2018/02) 2017 [September](https://blog.eastcoastlaw.com.au/living-blog/archive/2017/09) [August](https://blog.eastcoastlaw.com.au/living-blog/archive/2017/08) [July](https://blog.eastcoastlaw.com.au/living-blog/archive/2017/07) [May](https://blog.eastcoastlaw.com.au/living-blog/archive/2017/05) [April](https://blog.eastcoastlaw.com.au/living-blog/archive/2017/04) [March](https://blog.eastcoastlaw.com.au/living-blog/archive/2017/03) [February](https://blog.eastcoastlaw.com.au/living-blog/archive/2017/02) 2016 [September](https://blog.eastcoastlaw.com.au/living-blog/archive/2016/09) [August](https://blog.eastcoastlaw.com.au/living-blog/archive/2016/08) [July](https://blog.eastcoastlaw.com.au/living-blog/archive/2016/07) 2015 [October](https://blog.eastcoastlaw.com.au/living-blog/archive/2015/10) [September](https://blog.eastcoastlaw.com.au/living-blog/archive/2015/09) - ![Domestic and Family Violence: How to get support in domestic violence relationships](https://blog.eastcoastlaw.com.au/hubfs/Ebook-cover/ECFL-Domestic-Violence-ebook-Mockup-Web.png) #### Domestic and Family Violence: How to get support in domestic violence relationships ## Whether it is you, a friend or a relative at risk, it is important to know that there is help available. This ebook will help answer some of the common issues surrounding domestic and family violence including: - What is domestic violence? - What are the signs of a controlling relationship? - Where can you get support? [Download](https://pages.eastcoastlaw.com.au/domestic-family-violence-ebook-download) - ![Downsizing your home; selling and downsizing tips for Seniors](https://blog.eastcoastlaw.com.au/hubfs/Ebook-cover/ECC-Downsizing-eBook-Mockup-Resize2.png) #### Downsizing your home; selling and downsizing tips for Seniors ## This free ebook has downsizing tips for seniors and practical advice if you're thinking about moving home, including:   - When the right time to downsize is - How to calculate your retirement budget - How to find a new home - What you should keep and let go [Download](https://pages.eastcoastlaw.com.au/downsizing-ebook-lp) - ![Care and Protection: Know Your Rights and Where to Get Support](https://blog.eastcoastlaw.com.au/hubfs/Ebook-cover/ECFL-Care-and-Protection-eBook-Mockup-Resized.png) #### Care and Protection: Know Your Rights and Where to Get Support ## Download this guide to find out information on child care and protection services:   Answer questions such as: - What is child care and protection? - When can a child be taken from their parents? - What are your rights as a parent? [Download](https://pages.eastcoastlaw.com.au/ecfl-care-and-protection-ebook-lp?hsCtaTracking=0650839b-3d5b-41b5-94e3-2d63abb88d3a%7C8955ac85-c33c-411b-acb8-af786fe0439d) - ![Download our Easy guide to Investment Properties](https://blog.eastcoastlaw.com.au/hubfs/Ebook-cover/ECC-Investment-Properties-ebook-CTA.png) #### Download our Easy guide to Investment Properties ## This free ebook can help you turn a big profit with property   Find out more about: - How to find the best properties - How to finance your investment - How to negotiate with agents - How to make profit from your property Fill in your details for instant access to your ebook. [Download](https://pages.eastcoastlaw.com.au/investment-properties-how-to-get-the-best-deal-ebook) - ![Property settlement; Know your rights when dividing property assets](https://blog.eastcoastlaw.com.au/hubfs/Ebook-cover/ECFL-Property-Settlement-ebook-CTA.png) #### Property settlement; Know your rights when dividing property assets ## Helping you navigate the waters of a property settlement with your former partner   Find out these answers and more: - How soon you can get divorced - When you can begin property settlement - How to get a fair outcome Fill in your details for instant access to your ebook. [Download](https://pages.eastcoastlaw.com.au/ecfl-property-settlement-ebook-lp) ### Recent Posts ##### Recent Articles [![](https://blog.eastcoastlaw.com.au/hubfs/divorce-3194994_1920.jpg) How to get a Divorce Jan 13, 2022 11:17:13 PM](https://blog.eastcoastlaw.com.au/living-blog/how-to-get-a-divorce) [![](https://blog.eastcoastlaw.com.au/hubfs/con.jpg) What is a Conveyancer? What do they do? When do you need one? Nov 27, 2021 7:13:45 PM](https://blog.eastcoastlaw.com.au/living-blog/what-is-a-conveyancer-what-do-they-do-when-do-you-need-one) [![power_of_attorney](https://blog.eastcoastlaw.com.au/hubfs/Pic%201-1.jpg) What is an enduring power of attorney? Jun 1, 2021 10:00:00 AM](https://blog.eastcoastlaw.com.au/living-blog/what-is-an-enduring-power-of-attorney) [![the_cooling_off_period_australia](https://blog.eastcoastlaw.com.au/hubfs/House_On_Icecream.jpg) Cooling-off period: what home buyers need to know Jun 1, 2021 9:00:00 AM](https://blog.eastcoastlaw.com.au/living-blog/cooling-off-period-what-home-buyers-need-to-know) [![Coercive_Control](https://blog.eastcoastlaw.com.au/hubfs/Pic%201.jpg) Coercive Control: What Is It and Where Can I Get Help? May 1, 2021 10:00:00 AM](https://blog.eastcoastlaw.com.au/living-blog/coercive-control-what-is-it-and-where-can-i-get-help) [![](https://blog.eastcoastlaw.com.au/hubfs/Pic10.jpg) Retirement Village Contracts: What You Need to Know May 1, 2021 10:00:00 AM](https://blog.eastcoastlaw.com.au/living-blog/retirement-village-contracts-what-you-need-to-know) [![](https://blog.eastcoastlaw.com.au/hubfs/ECFL%20-%20Option%202.jpg) How to navigate de facto property settlement Apr 1, 2021 10:00:00 AM](https://blog.eastcoastlaw.com.au/living-blog/how-to-navigate-de-facto-property-settlement) [![granny-flat](https://blog.eastcoastlaw.com.au/hubfs/ECC%20-%20Option%201.jpg) How to establish a granny flat on your existing property Apr 1, 2021 10:00:00 AM](https://blog.eastcoastlaw.com.au/living-blog/how-to-establish-a-granny-flat-on-your-existing-property) [![property-inspections](https://blog.eastcoastlaw.com.au/hubfs/ECC%20March%20Blog%20Post%20Image.jpg) Pre-settlement inspection: what home buyers need to know Mar 1, 2021 1:11:00 PM](https://blog.eastcoastlaw.com.au/living-blog/pre-settlement-inspection-what-home-buyers-need-to-know) [![child-support](https://blog.eastcoastlaw.com.au/hubfs/ECFL%20March%20Blog%20Post%20Image.jpg) How to ensure your child is in the best situation: Negotiating child support Mar 1, 2021 1:04:43 PM](https://blog.eastcoastlaw.com.au/living-blog/how-to-ensure-your-child-is-in-the-best-situation-negotiating-child-support) ###### Never miss an Article ## Get the latest articles straight to your inbox ## See how our other specialised services can help you: [![East Coast law](https://blog.eastcoastlaw.com.au/hubfs/East_Coast_April2018%20Theme/Images/logo.svg?t=1538115486151)](https://www.eastcoastlaw.com.au/) [![Conveyancing](https://www.eastcoastlaw.com.au/themes/main/images/logo-conveyancing.png)](https://www.eastcoastlaw.com.au/conveyancing/) [![Family Law](https://www.eastcoastlaw.com.au/themes/main/images/logo-fm.png)](https://www.eastcoastlaw.com.au/family-law/) #### Newcastle [02 4920 6511](tel:02%204920%206511) 2/342 Hunter St, Newcastle NSW 2300 **PO Address** PO Box 512, Newcastle NSW 2300 #### Maitland [02 4934 1679](tel:02%204934%201679) 38 Elgin St, Maitland NSW 2320 **PO Address** PO Box 34, Maitland NSW 2320 #### Toukley [02 4397 1788](tel:02%204397%201788) Shop C/ 229 Main Rd, Toukley NSW 2263 **PO Address** PO Box 718, Toukley NSW 2263 #### Port Macquarie [02 6583 7949](tel:02%206583%207949) Galleria Building Suite 3, 128 William St Port Macquarie NSW 2444 **PO Address** PO Box 2625, Port Macquarie NSW 2444 #### Edgeworth [02 4958 5363](tel:02%204958%205363) 3 Aluminium Close, Edgeworth NSW 2285 **PO Address** PO Box 4061, Edgeworth NSW 2285 [East Coast law](https://www.eastcoastlaw.com.au/) Liability limited by a scheme approved under Professional Standards Legislation. © 2018 East Coast Law Group. [Disclaimer](https://www.eastcoastlaw.com.au/conveyancing/disclaimer/). [Privacy](https://www.eastcoastlaw.com.au/family-law/privacy-policy/). - - **Address:** **Phone:** [1300 735 947](tel:1300%20735%20947) Next Previous ![](https://www.facebook.com/tr?id=202366093720199&ev=PageView%20%20%20&noscript=1)