A sperm donor has been granted parental rights over the only child of a lesbian biological mother in a landmark case.
The ruling was handed down in June by Australia’s Federal Circuit and Family Court, which denied the mother parental responsibility for the nine-year-old boy.
Instead, the court ruled in favor of her ex-partner and her sperm donor.
The custody battle has lasted nearly five years between the three adults, costing them hundreds of thousands of dollars in legal fees. Herald of the Sun reported.
The child was conceived through IVF and the female couple chose donor eggs and sperm.
But all parties knew each other: the eggs were donated by a mutual friend of the biological mother and her then-partner, while the sperm donation was made by a man the boy refers to as “Dad.”
The sperm donor met the boy when he was born and has continued to spend time with him regularly, including spending the night with him.
The man has always maintained that he only agreed to donate his sperm if there was a condition that he would always be involved in his son’s life.
The biological mother and her ex-partner used donor eggs from a mutual friend and donated sperm from a donor who said he only donated on the condition that he would be part of the child’s life (file photo of IVF process in the lab)
But the biological father was never named on the birth certificate, and the biological mother claimed she had given up her right to any formal parental duties.
When the two mothers separated and began living separately, a complicated custody battle ensued.
Over the past five years, the nine-year-old has spent time with each mother, as well as the sperm donor.
The trial judge ruled that simply characterizing the father “as a sperm donor” and not as a person concerned with the “welfare and development” of the child would ignore the facts of the case.
“This led to the conclusion that (the sperm donor) is in fact, in practical terms, a father (of the child) within the ordinary meaning of the word,” they said.
‘The evidence unequivocally supports that (the sperm donor) has provided support and care (to the child) from the time of birth and will continue to do so.
‘(Mothers) do not enjoy any superiority over any other person who is deeply interested in the welfare (of the child), that is (the sperm donor).’
The biological mother, who lost her parental rights, wanted to have sole responsibility for the child.
But the biological mother’s ex-partner, who had turned his life around after the split, fought to share responsibility with the sperm donor.
The boy had his own independent legal counsel, who proposed that the best option for the child’s needs would be to share responsibility between the three adults or give sole custody to his father, the sperm donor.
The judge said it was in the best interests of the nine-year-old to make orders that would minimise the risk of future court proceedings.
The judge stripped the biological mother of parental responsibility and instead awarded it to her ex-partner and the sperm donor (file image)
The judge said he believed this meant giving shared responsibility between the biological mother’s ex-partner and the sperm donor father, leaving the biological mother out of the picture entirely.
“Regardless of whether or not the presumption of equal shared parental responsibility applies, I am satisfied that it is not in the best interests of (the child) for all three to share parental responsibility,” the judge ruled.
“(The child) is a child who has medical and health needs and requires support. It is imperative that important long-term decisions in relation to these issues are taken without delay and to the highest standards.
‘It is up to the parents whether (the child) can finally stop being caught in the middle of their disputes over him.’
The birth mother wanted to appeal the decision but was told it was pointless, the Herald Sun reported.
In 2019, a majority of the High Court ruled that a sperm donor was the legal father of a girl because he had always been involved in her life.
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