When is a sperm donor considered a parent? The law is VERY specific

Pippa Hudson speaks with Sheri Breslaw, family law specialist at Fairbridges Wertheim Becker.

Listen to the interview in the audio below.

When a person conceives a child through a sperm donor they know, matters can get complicated.

In a recent case, a woman who had twins via a known donor, wanted her children to claim pension benefits from their deceased biological father.

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The complainant met the deceased in 2020 and claims they mutually agreed to co-parent a child through artificial insemination.

However, he passed away three months into her pregnancy and the twins were not considered beneficiaries in his policies.

She argued that the deceased was supportive as a prospective father who was planning to financially care for the children.

He had reportedly financed various medical appointments during her pregnancy.

The court found that based on the Child Act, the children were not legal dependents and had no rights to these benefits.

The Child Act states a gamete donor that is not a spouse is not legally regarded as a parent and does not acquire the rights or responsibilities.

According to Breslaw, a donor is only considered a holder of parental rights under very specific circumstances.

Either he would have either had to be living with the mother at the time of the birth or he would have to consent to be identified as the father, contribute or try in good faith to contribute to the upbringing, and would have paid maintenance.

These laws are in place to protect both the parents of the child and the donor from forced parental rights.

“That is why invariably you go through an agency that does its utmost to protect both parties.”

- Sheri Breslaw, family law specialist at Fairbridges Wertheim Becker

In the case of an unknown donor, the Act allows the child access to any medical information of the donor, but they cannot learn the donor’s identity without their consent.

Scroll up to the audio player to listen to the interview.