Published Sunday, 11 May, 2008 at 08:14 AM
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
The Honourable Kerry Shine
IVF Fathers Status to be Clarified
Men who donate their sperm for use in IVF treatment in Queensland will have their status as biological fathers clarified under a new law.
Attorney-General and Minister for Justice Kerry Shine said under current laws in Queensland the husband or de facto partner of a woman who conceives using IVF treatment automatically assumes legal responsibility for the child.
“However responsibility reverts to a biological father whose sperm is used to impregnate a single woman or woman in a same sex relationship, even without his knowledge,” Mr Shine said
“This means an IVF father can be pursued for child support payments even though he never even knew the child’s mother.
“This is a legal loophole that has potential for abuse.
“These men are not deadbeats who have fathered children and then tried to avoid their responsibilities.
“This is a totally different situation and the law should reflect that reality.”
Mr Shine said the changes will protect men who are helping others in the community through the donation of their sperm from being unfairly targeted by a child's mother.
"Clearly if we allow this loophole to remain open it could affect the number of men willing to become donors because of a fear they'll be up for child payments in the future.”
Mr Shine said the amendment will be taken to Cabinet for consideration on Monday and if the Ministers agree it will be introduced to Parliament this month.
The amendment would apply to the Status of Children Act 1978 (SCA) which confers parental responsibility on adults to enable them to exercise the legal powers and responsibilities of parents to care for their children.
Mr Shine said the amendment is proposed to act retrospectively to clarify the status of children born since 1988, when the provisions were originally inserted.
“These laws came in when In Vitro Fertilisation was a relatively new technology and it is time to update them for the modern world,’’ he said.
Media Contact: Troy Davies 3239 6400 or 0488 799 273
Attorney-General and Minister for Justice Kerry Shine said under current laws in Queensland the husband or de facto partner of a woman who conceives using IVF treatment automatically assumes legal responsibility for the child.
“However responsibility reverts to a biological father whose sperm is used to impregnate a single woman or woman in a same sex relationship, even without his knowledge,” Mr Shine said
“This means an IVF father can be pursued for child support payments even though he never even knew the child’s mother.
“This is a legal loophole that has potential for abuse.
“These men are not deadbeats who have fathered children and then tried to avoid their responsibilities.
“This is a totally different situation and the law should reflect that reality.”
Mr Shine said the changes will protect men who are helping others in the community through the donation of their sperm from being unfairly targeted by a child's mother.
"Clearly if we allow this loophole to remain open it could affect the number of men willing to become donors because of a fear they'll be up for child payments in the future.”
Mr Shine said the amendment will be taken to Cabinet for consideration on Monday and if the Ministers agree it will be introduced to Parliament this month.
The amendment would apply to the Status of Children Act 1978 (SCA) which confers parental responsibility on adults to enable them to exercise the legal powers and responsibilities of parents to care for their children.
Mr Shine said the amendment is proposed to act retrospectively to clarify the status of children born since 1988, when the provisions were originally inserted.
“These laws came in when In Vitro Fertilisation was a relatively new technology and it is time to update them for the modern world,’’ he said.
Media Contact: Troy Davies 3239 6400 or 0488 799 273