Am I legally responsible for any children?
The short answer to this commonly asked question is – No.
The welfare of a child conceived using donated semen is of paramount importance. Furthermore, a child conceived using donated semen is legally deemed to be the child of the recipient(s), and the donor has no legal rights or responsibilities regarding the child.
Laws which pertain to Donor Insemination are defined in NSW State Legislation and we feel it is important that you are made aware of the relevant section. Please read the following paragraphs from The Status of Children Act, 1996:
14. Presumptions of parentage arising out of use of fertilisation procedures
1. When a married woman has undergone a fertilisation procedure as a result of which she becomes pregnant:
a) her husband is presumed to be the father of any child born as a result of the pregnancy even if he did not provide any
or all of the sperm used in the procedure, but only if he consented to the procedure.
2. If a woman (whether married or unmarried) becomes pregnant by means of a fertilisation procedure using any sperm obtained from a man who is not her husband, that man is presumed not to be the father of any child born as a result of the pregnancy.
Is my information made available to any resulting children?
The Assisted Reproductive Technology Act, 2007 has recently been passed in NSW and commenced on January 1, 2010. A Central ART Registrar will be maintained by the NSW Director General and people born as a result of donor conception will have access to identifying information about their donors once they turn 18 years of age.
If any of the above makes you or your partner or your children feel uncomfortable about being a donor, then it is unlikely that you will be a suitable candidate. However, you may still choose to discuss the legal and social implications surrounding sperm donation at an interview with a counsellor.
