LU v Registrar of Births Deaths and Marriages (No 2) [2013] NSWDC 123
Court: District Court of NSW
Judge: Taylor SC DCJ
Facts: From around 1993 to early 2003, the birth mother and her partner lived together as de facto partners. In 1999, they decided to have a child and opted for a known donor. The birth mother informed the donor that he would be involved in the child’s life but emphasized that she and her partner would be the parents, responsible for the child’s financial support and major decisions. The donor agreed.
Attempts at home insemination failed, leading to the donor depositing sperm at a hospital. Through a fertilization procedure at Royal Prince Alfred Hospital fertility program, the birth mother became pregnant, and the child was born in 2002. Both the birth mother’s partner and the donor were present at the birth, and both signed the birth certificate as “informants,” registering them as the child’s parents.
Around five months after the child’s birth, the birth mother and her partner separated, with a purported separation agreement and ongoing financial support from the partner. The father contributed financially for a medical operation but didn’t provide significant financial assistance. The birth mother’s ex-partner spends time with the child regularly and is consulted on major decisions. The father is actively involved in the child’s care, has a strong bond with her, considers her his daughter, and is referred to as “dad” by the child. The child is connected with the family of the birth mother’s ex-partner and the extended family and friends of the father.
Family Court proceedings ensued involving the mother, the birth mother’s ex-partner, and the father concerning the child. The birth mother’s ex-partner initiated proceedings against the Registrar of Births, Deaths & Marriages NSW and the father to remove the father’s name from the birth certificate and insert her name. The Registrar could only make changes without court orders if the father consented, which he did not. However, the birth mother provided her consent.
To read the full judgement go to: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWDC/2013/123.html