The Family Law Implications of Early Contact between Sperm Donors and Their Donor Offspring

Abstract

While donor conception has historically been shrouded in secrecy, in recent years an increasing number of women who conceive using donated sperm are making contact with their child’s donor while the child is still a minor. This process is known as “donor linking”. In some Australian states, donor linking is facilitated by legislation, while in others it is achieved through informal mechanisms, such as online searches using information contained within a donor’s profile. The increasing prevalence of donor linking when a child is still a minor has proceeded in the absence of any discussion of the family law implications of the practice. This omission is concerning, as it is possible that the donor may be able to exercise some rights in relation to the child, particularly where the woman is un-partnered. This article draws on the donor linking experiences of 25 un-partnered Australian women who conceived using donated sperm or embryos to explore the implications of the practice for family law.