The idea of what a family looks like continues to grow and evolve as society develops and, while there used to be one model that dominated all others, significant changes in family structure have taken place over the past few decades.
New ways to build a family reflect new ways of living together in harmony, and one example of note was highlighted in a recent instruction I received in respect of an adoption application.
My client, the wife of a same-sex female couple, and her then-partner were unmarried at the time of conception but had been in a committed relationship for a few years.
They were keen to create a family, but understood that, to do so, they would be required to potentially go through formal means to find a sperm donor, undertake IVF treatment and fund the not-inconsiderable costs associated with that.
The couple decided on an alternative course. They engaged instead with a website where male donors advertise their sperm for donation and started to talk to one donor in particular on a “forum” basis. This meant that communication between the parties was private.
After some time of speaking with the donor and satisfying themselves with the information they wanted to know about him, the three of them decided that he would be the ideal sperm donor to allow them to create a family. Arrangements were made for the couple to receive the sperm donation, and the couple carried out insemination themselves. They conceived and, during the pregnancy, they married.
The couple sought to register the birth but, as they were not married at the time of conception, only the birth parent was able to be noted. This meant my client had to formally adopt the child to be noted as the second parent. Recently, the adoption was granted and my client was delighted to now legally be the child’s parent, saying “It has been a pleasure having you helping us through this matter, Kara. I will forever be grateful for all your help and understanding and I cannot wait to receive our child’s new birth certificate shortly.”.
In an age where the creation of families is ever-changing, there are two ways to look at this scenario.
The first is that caution should be taken from a legal and safety standpoint. Where the donor is not known, no medical checks are carried out in respect of the parties, nor indeed of the sperm itself.
However, the other positive aspect is that there are genuine people out there wishing to help families be created, and that should be celebrated. If it was not for this male donor, our clients may not have had a beautiful child and have started their family. For this, they will be forever grateful to the donor.
Our Kara MacGregor-Duke has acted for many families over the years, including many same-sex couples in creating their families.
If you require any advice on this matter or are thinking of starting a family but require advice on how to move forward, please do not hesitate to contact our office.
