An Australian court came to this landmark ruling after a long custody battle
BY GINA BEVAN, IMAGE BY GETTY
In June this year, the Federal Circuit and Family Court of Australia ruled that the biological mother of a nine-year-old boy lose custody of her child and be given to her former partner and sperm donor.
The landmark case comes after a lesbian couple used donor eggs and sperm to welcome their son using IVF. Both donors were known to the couple, with one of the partners choosing to carry the baby. When the relationship began to break down, a chaotic custody battle ensued, leading an Australian court to rule that it was in the child’s best interest for the non-biological mother and the sperm donor to have parental rights.
In a case quite unlike any other, the judge overruled the birth mother in favour of the sperm donor. While the biological father was never originally listed on the birth certificate, they have been present in the child’s life since birth, with repeated overnight stays and the child referring to them as “Daddy”.
The sperm donor stressed that when they donated their sperm, it was only in the case that they were to have a relationship with the child. When the relationship between the lesbian couple began to break down five years ago, the child spent time with both mothers and the sperm donor father. The trial judge stated that the biological father’s role was that of a sperm donor and parent and a figure who cared deeply about the child’s welfare.
“The evidence unequivocally supports that (the sperm donor) has provided support and care to (the boy) since the time of his birth and will continue doing so.” The judge added, “(The mothers) do not enjoy any superiority over any other person keenly interested in (the boy’s) welfare, namely (the sperm donor).”
The case has reportedly cost hundreds of thousands of Australian dollars, with the biological mother fighting for sole rights over the child. While shared responsibility between the three parents was considered, the judge ruled that to avoid an ongoing court case and to minimise any harm to the young boy, that shared custody should be between the ex-partner of the biological mother and the sperm donor father. The child, who has mental and physical health issues, requires support, and it was in the interest of the young boy to not prolong proceedings any further.
While the birth mother wanted to appeal the ruling, she was told that this would be in vain.
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