Adoption

Context

A same sex female couple who wished to start a family came to an arrangement with a known sperm donor. The insemination took place at home and resulted in a successful pregnancy. At the time of conception, the couple were not married. The female who did not carry the baby sought advice as to how to ascertain the appropriate legal status in order to be recognised officially as the other legal parent of the child.

The challenge

Given the couple did not engage the services of a registered fertility clinic, and due the fact that the couple were not married at the time of conception, the other parent was not able to be registered on the child’s birth certificate as the second legal parent. At the time of the child’s birth, the “known” donor would therefore be considered to be the child’s second legal parent because the insemination was done at home and not through a registered clinic with him being registered as a sperm donor.

Our approach

Our expert provided advice on the options available for securing legal parenthood for the second female parent. We were able to go through in detail the benefits and consequences of each available option.

The outcomes

It was decided that the other parent would apply for an Adoption Order which best reflects the position that she wished to be recognised as the child’s legal parent for all intents and purposes. The “known” donor provided his consent as he did not wish to be involved in the child’s life and was content for his parental rights and responsibilities to be extinguished.