Covid-19 Updates & News

25 March 2020
Butlers Blog
Covid-19 Updates & the Law
Now, let’s get straight to the point….. There is no need to explain the potential impact of COVID-19 on the economy. It has already been seen around the world with a significant impact on share prices...
24 March 2020
Butlers Blog
Covid-19 Updates & the Law
COVID 19 is causing uncertainty in so many areas.  One question we are being asked, is “How it will affect existing Parenting Orders or Parenting Plans?”.  The answer to this will vary, depe...
21 March 2020
Butlers Blog
Covid-19 Updates & the Law
COVID-19Part 1: Court Proceedings during the COVID-19 pandemicThere is no question that we are now in uncharted waters.The world has not seen an influenza pandemic of this nature since Swine Flu and H...

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Wait?! Am I a sperm donor or a parent?

In our previous articles “Who is a Parent?” and “Parenting Orders and What You Need to Know” we discussed what it means to be a parent under Australian Law, and the fact that people who are not ‘parents’ are still able to apply for Parenting Orders in relation to children.

Both of these issues were recently considered earlier this year by the High Court of Australia in Masson and Parsons & Ors. The matter made headlines due to the relative rarity of Family Law issues being heard in Australia’s highest Court and the importance of the findings made for many families across Australia.  

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A rose by any other name...

Ask anyone and they will tell you that now is the time for girls to run the world. For the first time ever, we’re staring down the barrel of women running the USA and the United Kingdom at the same time. Women have never been more powerful. Or have they?

We all know that it’s a well-accepted tradition in Australia that when a woman marries, she “assumes” the surname of the lucky man who bagged her. This is a tradition that stems all the way back to a time when a woman “belonged” to her husband, and her husband wanted everyone to know it.

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“I’m a sperm donor!” he said. “I’m a parent!” he said. WRONG.

“I’m a sperm donor!” he said. “I’m a parent!” he said. WRONG.

Well, at least for legal purposes, in Western Australia.

When it comes to matters of artificial conception, the Artificial Conception Act 1985 (WA) states the following:

  1. if a man provides genetic material to a woman, and that woman uses his genetic material to become pregnant via an artificial fertilisation procedure, then the man “shall be conclusively presumed not to have caused the pregnancy” and “is not the father of any child born as a result of the pregnancy”.
  2. if a “woman undergoes, with the consent of her de facto partner, an artificial fertilisation procedure in consequence of which she becomes pregnant… then the de facto partner of the pregnant woman, shall be conclusively presumed to be a parent of the unborn child” and “is a parent of any child born as a result of the pregnancy”.

I don’t know about you, but my first reaction is that that first part does not sit in accordance with what I learnt from Maury Povich.

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