What is Assisted Human Reproduction?

Assisted human reproduction is when a person uses assisted reproduction procedures to reproduce and have a child. It does not matter where or how the procedure is carried out, or who assists in carrying out the procedure.

Assisted human reproduction includes procedures such as:

  •          In vitro fertilisation (IVF);
  •          Artificial insemination;
  •          Surrogacy; and
  •          Donating sperm or eggs.

What are the rights of those involved with assisted human reproduction?

If a woman becomes pregnant as a result of assisted human reproduction, it does not matter if the egg is not her own or the sperm was donated by someone other than her partner. The woman that becomes pregnant will be considered the parent of the child.

If the woman’s partner consents to the assisted human reproduction procedure, the partner will also be considered to be the parent of the child for all purposes. This includes same-sex partners.

The person that donates the sperm or the egg will not be considered the parent of the child born as a result of the procedure unless they are in a relationship with the person who is having the child.

An example of this is when a woman becomes pregnant from an egg that was donated by her partner, and they remain partners at the time of conception.

Donor Rights

The person that donates the sperm or the egg will not be considered the parent of the child born as a result of the procedure unless they are in a relationship with the person who is having the child.

An example of this is when a woman becomes pregnant from an egg that was donated by her partner, and they remain partners at the time of conception.

If the donor enters into a relationship with the mother of the child after the baby is born, the parental rights and liabilities only start at the time when the parties enter into a relationship.

Agreements between Donors and Parents

Agreements can be made between donors and parents of a child born through an AHR procedure around contact between the donor and the child, or the role of the donor in the life of the child more generally.

These agreements are not legally binding, unless enforced through a Court order.

AHR Providers

The providers of AHR procedures have certain obligations that must be met in regards to patients that they treat.

For more information regarding the requirements of AHR providers, click here.

If there is confusion around the rights of parties involved in AHR procedures, it is wise to seek advice from a professional with experience in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Gianna Menzies and Matthew Binnie