The Daddy Of All Questions

The clouded question of whether a sperm donor can be classified as a parent is a little clearer following a landmark High Court ruling.
Masson v Parsons involved a man who donated his sperm to a long-term female friend, enabling her to give birth to a daughter. The woman (Parsons) subsequently entered into a same-sex relationship, and conceived a second child using sperm from separate donor. After marrying, the couple planned to move to New Zealand with both children. Masson sought orders from the Family Court to prevent the move on the basis that he should be recognized as a parent of the eldest child.
Masson succeeded at trial, but that decision was overturned by the Full Bench of the Family Court. Masson then appealed to the High Court, which handed down its much-anticipated judgment in June.
The High Court restored the trial judge’s verdict. It found that Masson’s behavior and actions, both before and after the birth of his biological child, were consistent with those of a legal parent. Prior to conception, Masson and Parsons agreed that he would perform the ‘father’ role. Masson consistently upheld this promise after birth, forming a close relationship with the girl, who called him ‘Daddy’. He was also nominated as ‘father’ on her birth certificate and had regular contact with her, including overnight stays, during the first nine years of her life.
The High Court found that principle trumped relevant State Legislation in NSW, which the Full Bench of the Family Court relied upon to overturn the trial decision. That legislation expressly states that any sperm donor not married to the mother would be presumed not to be the father.
In considering this case, the High Court did not express any view about the parenting status of sperm donors who had little or no involvement in the child’s life. The Court’s silence on this point infers that anonymous donors would have no chance of using this case as precedent to establish parenting rights. However, the case could be used to enforce legal rights and responsibilities on donors who, like Masson, have taken up a parenting role.