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High Court rules sperm donor is the legal father of child

3AW Breakfast
Article image for High Court rules sperm donor is the legal father of child

In a landmark case, the High Court has found a man who donated sperm to a lesbian friend is the legal father of his biological child.

The child’s lesbian mother and her partner, from New South Wales, tried to take the child to live in New Zealand, prompting the high stakes legal battle.

Caroline Counsel, Accredited Family Law Specialist, said the case does not automatically mean all sperm donors will be considered legal fathers.

The biological father “was as involved as any parent would be, who was not living in the house with the child,” she told 3AW Breakfast.

“Almost any other separated family would look exactly like this.

“The High Court said, if he quacks like a dad, walks like a dad, looks like a dad, he’s actually a dad. He’s not just sperm.”

Ms Counsel said the ruling was made on the basis that separation from the biological father would negatively impact the child.

“It’s about the children and that’s why it was important for that matter to go all the way to the High Court,” she said.

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