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Artificial Insemination and Parentage

It is becoming more and more common for children to be conceived through the In Vitro Fertilisation (IVF) process and consequently more and more questions are being asked of family lawyers about who the parents of a child conceived in this way are. This article outlines who has the status of a parent in these circumstances.

Who is a parent?

Who the legal parents of a child born through IVF are depends on the relationship status of the birth mother at the time of the child’s birth.

Birth mother in a relationship

Where a child is born to a woman as a result of an IVF procedure while the woman was married to or in a de facto relationship with another person, the other person is known as the intended parent. 

Where the woman and the intended parent consented to the carrying out of the IVF procedure and any other person who provided genetic material used in the IVF procedure consented to the use of the material, the child born as a result is the child of the woman and of the other intended parent under state and commonwealth law (that is, the woman’s husband, wife or de facto partner).

Birth mother not in a relationship

If at the time of a child’s conception through IVF, the mother was not married or in a de facto relationship, the legal parents of the child will be the birth mother and the person who provided the genetic material used in the IVF procedure.

Once the person can establish that they are a parent to the child they are able to apply to the court for parenting orders.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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