Court rules sperm donor is legal father of his daughter

A SPERM donor has been deemed by the High Court to be the legal father of his child because he was involved in her life.

The case has its beginnings in late 2006, when Robert Masson and Susan Parsons (their court pseudonyms) agreed to have a child through artificial insemination.

Mr Masson agreed on the understanding he would parent, provide financial support and financial care.

He is named as the girl’s father on her birth certificate and was actively involved in the girl’s and her younger sister’s life, with both calling him “Daddy”.

Issues arose when the mother and her female partner wanted to move to New Zealand with the girls.

Mr Masson stopped them through the Family Court as he was found to be a parent, but on appeal NSW state laws were used to rule him as purely a sperm donor.

However, Solicitor General Stephen Donaghue QC successfully argued in the High Court in April that the commonwealth definition should be used, telling the court: “State law is just not relevant.”

The argument was put that under commonwealth law, Mr Masson is considered a parent, as he is the biological father and is involved in the child’s life. A majority of the High Court agreed, saying in a judgment yesterday no reason had been shown to doubt the initial court conclusion that Mr Masson was a parent of the child.

The High Court said the women should consult with Mr Masson about parenting decisions, including the New Zealand move.