A man who donated his sperm to a friend with the belief he could play a role in the child’s life has won a High Court fight over his rights.
The case was sparked by the mother’s decision to move to New Zealand with their biological child.
The court was told the man was listed as the girl’s father on her birth certificate, and that she and her sister, to whom he was not related, called him “daddy”.
The man had been friends with the girl’s mother, and the two had agreed that he would provide his sperm so she could conceive.
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She later married a same-sex partner and they decided to move to New Zealand, triggering the legal move to keep the girl in the country.
The main issue before the High Court was whether he was legally the girl’s father, or whether his role was limited to biology.
The girl’s mother and her wife argued the man was not her legal father, citing a New South Wales law setting out rules for fertilisation procedures, which specifically addressed the situation of same-sex couples.
But today the court ruled in the man’s favour, overturning a previous appeal the girl’s mothers won and reinstating a Family Court judgement that ordered the women to live in Australia.
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