The West Australian
Court Backs Gay Dad Donor
by Gareth Malpeli
April 6, 2002
A VICTORIAN lesbian couple have been
ordered to allow access for the gay man who donated the sperm used to conceive
their son.
The boy, 2 and-a-half, was conceived using artificial
insemination on the understanding the sperm donor would have a quasi-parental
role in the child's life.
But after the boy was born in September 1999,
the relationship between the lesbian couple and the man soured to the point
where the boy's mother and her partner wanted to restrict contact between the
man and the boy to twice a year.
The Family Court in Melbourne had been
told that the mother had complained that when the boy returned from contact
visits with his father, he would emit the strong scent of his father's body
odour, which made her feel sick.
Although the man had asked for
fortnightly visits and access during holidays, the couple were prepared for him
to have just six hours access a year.
But the court agreed yesterday to
the donor's demands and ordered he should have fortnightly access visits with
the boy, which would increase as the child got older.
In his ruling,
Justice Paul Guest called for changes to Australia's Family Law Act to reflect
the growing phenomenon of gay and lesbian families using sperm donors to
conceive.
He said current laws dealing with children conceived as a
result of artificial insemination were drafted "with a heterosexual model in
mind" and failed to recognise the complexity and diversity of modern family
forms.
The man said he was relieved the case was over.
"It's a
terrible ordeal to have to pursue a matter through the Family Court," he
said.
The case met a mixed response from gay groups, family groups and
infertility experts.
In Perth, Pivet Medical Centre general manager Maxim
Keyt said under WA laws, donors and recipients who were unknown to each other
had to agree on access rights before insemination took place.
He said his
clinic advised against recipients using known donors because of complications
arising from such arrangements, but such cases represented about one per cent of
the clinic's clients.
Gay and Lesbian Equality convener Damian Meyer said
he was pleased the court had recognised the role the donor had to play in the
child's life.
"At the end of the day it's really no different to a couple
breaking up and a step-parent relationship," he said. "Many couples break up
after the conception but before the birth of the child, so it's the same sort of
situation,"
Australian Family Association spokesman John Barich said
although the man, as the child's father, should have access to the child, he was
concerned such cases meant the courts were recognising homosexual couples as
families.
"The Family Court is getting involved in something very deep,"
he said.
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