Another trainwreck: a known donor deal gone wrong

Another trainwreck: a known donor deal gone wrong


The statutory rights of a child trump any donor agreements entered into before her birth, according to a recent judgment. 
Judge Small took this approach in a recent case between a gay sperm donor and a lesbian couple who wanted to have a child. The parties ended up in the Federal Circuit Court arguing about whether the donor should have equal parental responsibility, with the lesbian couple, for the child, and as to the amount of time that the child should spend with him. The case is a clear illustration of the danger for all concerned when a known donor arrangement goes sour.
Even though the donor was not a “parent” as a matter of law, and therefore not liable to pay child support, the parties had agreed that he would pay the equivalent to child support that he might have had to pay if he were a parent.
Her Honour decided that the lesbian couple, who were the primary attachment figures for the child, should have sole parental responsibility, in part because they needed support for their parenting, and the court’s imprimatur.
The donor, who had been an old friend of one of the women,  initially sought that the child, known as X, live on a week about basis, then changed that to a split of 9 days a fortnight with the couple, and 5 days a fortnight with him. The couple were vague about the amount of time X should spend with the donor, who was “committed to being X’s father”, other than day time contact.
Her Honour ruled that the child spend a graduated amount of time with the donor, to occur weekly, including one weekend a month, and 2 weeks holiday time a year.
Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

US Birthright Citizenship Challenge: What It Means for Australian Surrogacy Parents

The US Supreme Court has just heard one of the most consequential cases for international surrogacy in decades—and if you’re an Australian intended parent pursuing surrogacy in the United States, this directly affects you. Stephen Page, Director at Page Provan Family & Fertility Lawyers, breaks down what happened at the Supreme Court hearing in March… Read More »US Birthright Citizenship Challenge: What It Means for Australian Surrogacy Parents

WA Surrogacy Law Update: Nobody Knows When it Starts

If you’ve been waiting for Western Australia’s new surrogacy and fertility laws to take effect, you’re not alone—and the honest answer right now is: nobody knows exactly when they will. In this short update, Stephen Page, Director at Page Provan Family & Fertility Lawyers, breaks down where things stand with Western Australia’s Assisted Reproductive Technology… Read More »WA Surrogacy Law Update: Nobody Knows When it Starts

Pride is in the Air: When Pride Met Purpose

Sometimes a moment lands in a way that feels more than coincidental. For Stephen Page, Director at Page Provan Family and Fertility Lawyers, that happened on a Sunday in March after speaking at the Growing Families Conference in Melbourne. The conference focused on surrogacy and donation, the two pillars of modern family building for many… Read More »Pride is in the Air: When Pride Met Purpose

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board