Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, April 16, 2019

Sperm Donor Tells Australian High Court He is the Legal Father to Lesbian Couple's Daughter

FamilylawRobert Masson, as he is known to Australia's High Court, claims that he is the legal father to a lesbian couple's young daughter. He states that one of the women, a friend of his for 25 years, approached him to donate sperm on the contingency that he would play an important role in the future child's life. He is listed as the biological father on the girl's birth certificate, and he insists that she refers to him as "daddy."

He did not assert his legal claim to the girl until the couple wanted to take her out of the country. Now there is a constitutional issue as the parties argue that state law and Commonwealth law have different perspectives, one stating that a sperm donor is a legal father while according to the other the sperm donor is not.

A judge presiding over the case asked Tuesday: “Is there not a difference between the university student who is a donor to a sperm bank for a few bob and the sperm donor who plays a role in the life of the child?” The result of this case is primed to be a landmark decision in the argument over what the legal requirements are to be a parent.

See Kaylie Piecuch, Sperm Donor Tells Australian High Court He is Legally Father to Lesbian Couple's Daughter, Fox News, April 16, 2019.


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