Informal Sperm Donation in Victoria

Informal Sperm Donation in Victoria

• AI: Unknown
• NI: Not Recognized
• Sperm donor agreement: Unknown

Key Provisions:

• Parentage:
  • Under the Status of Children Act 1974 (Vic):
    • “The woman who gives birth to a child shall be deemed … to be the mother” (Section 3).
    • “A man shall be presumed to be the father of a child … if he was married to the mother … at the time of the birth” or “if he resided with the mother … during a period of not less than 6 months ending within the period commencing 12 months before and ending 3 months after the birth” (Section 8(1)(a) and (e)), unless rebutted.
  • For ART, the Family Law Act 1975 (Cth) applies: “If … a child is born to a woman as a result of … an artificial conception procedure … and the woman was married to, or a de facto partner of, another person … the child is a child of the woman and the other intended parent” and “any man who produced the semen used … is not the father” (Section 60H(1) and (2)), but this applies only to couples, not single women unless clarified by state law.
• Assisted Reproduction:
  • The Assisted Reproductive Treatment Act 2008 (Vic) defines: “‘assisted reproductive treatment’ means treatment that involves … artificial insemination … or any other procedure … that involves the use of gametes … to bring about a pregnancy” (Section 3). Note: This regulates clinic-based ART by registered providers (Section 21).
  • Informal sperm donation (e.g., at-home AI) is not recognized as regulated ART—parentage defaults to Status of Children Act 1974, Section 8.
• Sperm Donor Agreements:
  • The Status of Children Act states: “If a woman … becomes pregnant … by a fertilisation procedure … using semen … produced by a man who is not her husband or de facto partner … the man who produced the semen … shall not … be regarded as the father” (Section 10C(3)). Note: Informal sperm donation is not recognized as conferring this exclusion for single women—donors may be parents if intent or involvement is proven (e.g., Groth v Banks [2013] FamCA 430).
  • No specific VIC law enforces informal agreements—courts assess “best interests of the child” under the Family Law Act 1975 (Cth) (Section 60CC).
• Surrogacy:
  • The Assisted Reproductive Treatment Act 2008 (Vic) permits altruistic surrogacy: “A court may make a substitute parentage order … if satisfied … the surrogacy arrangement was not a commercial surrogacy arrangement … and the order is in the best interests of the child” (Section 39(1)(c) and (e)), defining “commercial surrogacy arrangement” as involving “payment … other than … prescribed expenses” (Section 44).
  • Parentage transfers post-birth with conditions like surrogate consent (Section 22). Commercial surrogacy is prohibited (Section 44).
• Parentage Agreements:
  • For surrogacy, “a substitute parentage order … transfers parentage” under the Assisted Reproductive Treatment Act 2008 (Vic) (Section 39). Informal agreements aren’t binding but influence rulings under the Family Law Act 1975 (Cth) “best interests” test (Section 60CC).