Re B and J [1996] FLC 92-716; (1996) 21 Fam LR 186
Court: Family Court
Judge: Fogarty J
Facts: The biological mother was pressured by the Department of Social Security to seek child support from the sperm donor of her two children. The donor sought a declaration that he was not liable under the Child Support (Assessment) Act 1989 (Cth). The Court concurred, asserting that the said Act exempted the donor from responsibility.
Reasoning: The absence of specification in the Family Law Act 1975 (Cth) stems from the understanding that the state Act comprehensively addresses donor-related matters. However, certain provisions of the Family Law Act 1975 may not be constrained by Section 60H. For instance, a sperm donor not liable under the Child Support (Assessment) Act 1989 could potentially have a support obligation under the Family Law Act 1975. Section 60H is designed to expand, rather than limit, the scope of individuals who may be regarded as parents.