IVE - Who Is A Parent?


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 the child is in these circumstances.

A person will be considered a parent of the child where:

  • The 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 (being the wife or the De facto partner) is known as the other intended parent;

Or either

  • The woman and the other 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; or
  • The child is a child of the woman and of the other intended parent under state and commonwealth Law.

The biological parents of the child will therefore be the woman and her wife or de facto partner, unless at the time of the child’s conception the woman was not married or in a de facto relationship. If the woman was unmarried and not in a de facto relationship the person who provided the genetic material would not be the parent of the child, however this is assessed on a case by case basis and there have been cases where the Court has found that the person who provided the genetic material is a parent of the child.

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

WHERE TO NEXT?

Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation. But first, ask yourself, Do I really need a lawyer?

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