Reiby v Meadowbank [2013] FCCA 2040
Court: Federal Circuit Court
Judge: Small J
Facts: A lesbian couple and a male sperm donor established an agreement outlining the allocated time each parent would spend with the child. However, the court dismissed this agreement, emphasizing that statutory criteria must take precedence over the parties’ intentions. The court directed shared parental responsibility between the lesbian couple but not with the sperm donor, and ordered gradual daytime contact between him and the child.
Reasoning: The legal framework governing parenting responsibilities and residence for the child is delineated in Part VII of the Family Law Act 1975 (Cth). The father did not contest that, under Section 60H of the Family Law Act 1975, the women were in a de facto relationship at the time of conception. Consequently, the women are recognized as the child’s legal parents, while the sperm donor is not.
For the full judgement go to: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCCA/2018/454.html