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Abstract
RE Patrick & the Rights and Responsibilities of Sperm Donor
Fathers in Australian Family Law
In the matter of Re Patrick, Guest J of the Family Court of Australia held
that a sperm donor, known to the lesbian mother of the child, had a right under
Australian law to regular contact with the child to the extent that this was
in the child's best interests. However, his Honour also held that due to the
way in which particular provisions of the Family Law Act 1975 (Cth) are drafted,
a sperm donor cannot be regarded as the "parent" of the child, and
accordingly called for legislative reform to recognise the rights of known sperm
donors wanting involvement with the child. In this article, the authors will
first explore the facts and decision in Re Patrick, and then outline a proposal
to amend the Family Law Act 1975 so that sperm donors can apply for an order
to be a 'parent' under the Act.
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