Dad’s name stripped from birth certificate

Dad’s name stripped from birth certificate

Finally it’s happened. A sperm donor dad’s name has been stripped from the birth certificate in favour of the birth mother’s partner. The Sydney Morning Herald has reported the case, in which the birth mother’s former partner successfully sought to have her name added to the birth certificate, to replace that of the father.

District Court judge Walmsley stated: “I am not persuaded there is any contractual right which can affect this application….As [the biological father] concedes, there was no agreement before [the child’s] birth that he would be on the register when he agreed to donate his sperm.”
The judge said the man and the child obviously had a strong emotional attachment.
“I have considerable sympathy for [the man] – he has done what he considers has been his very best for the child.”

Our laws only recognise two parents for children. Following the lesbian baby boom, political pressure meant that laws were passed in  NSW, ACT, Tasmania, Victoria and Queensland, to presume that the co-mother was the other parent, meaning that the sperm donor father was merely that- a sperm donor. If the case were decided in any of othe other States than NSW,  it is likely that it would be decided the same way.
The case highlights, yet again, that those considering having children via known sperm donors, or being the known donors, should get good legal advice before the child is conceived.

The last word goes to the father: “The laws are totally inadequate, there are no laws to protect people like me. It’s a very bad day for fathers, that’s all I can say.”

Thank you to Anthony O’Brien from Gay Dads Australia -NSW for bringing the case to my attention.

Things to Read, Watch & Listen

Anne-Marie Hutchinson Memorial Lecture

I have been given the great honour today of talking about my friend and colleague, the late Anne-Marie Hutchinson, OBE QC (Hons). Speaking at the tail end of this meeting, I have to keep this interesting! I am not going to talk at first about Anne-Marie, but two other inspirational women in my first law… Read More »Anne-Marie Hutchinson Memorial Lecture

Embracing Wellness in Your Daily Routine for Fertility

American guest author Ashley Taylor has written an interest article about having a holistic approach to maintaining your health and addressing fertility issues: In the journey toward maintaining your health and addressing fertility issues, embracing a holistic approach is key. Wellness is more than just a goal; it’s a sustainable lifestyle that intertwines various aspects… Read More »Embracing Wellness in Your Daily Routine for Fertility

Consultation open: Queensland Assisted reproductive technology industry

The Regulation of Assisted Reproductive Technology Services Consultation Paper is now available and open for feedback until 25 February 2024. This follows the Minister for Health, Mental Health and Ambulance Services and Minister for Women’s commitment to regulate the assisted reproductive technology (ART) industry in Queensland by 2024. The paper is designed to help inform considerations for regulating… Read More »Consultation open: Queensland Assisted reproductive technology industry

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