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High Court to decide whether ‘biological father’ is a “legal parent”.

The High Court of Australia will hear the matter of Parsons and Anor & Masson mid-2019. Interest in the case has focused on whether a biological father (sometimes referred to as a ‘sperm donor’) is a “legal parent”. Hopes that the High Court may decide in favour of the biological father (and by extension many other biological fathers) may be misplaced. The issue before the High Court is framed within the context of the Family Law act 1975 which many legal experts suggest would not permit a such a conclusion. However, anything is possible from the High Court, but most commentators are cautious. However, it is open to the High Court to suggest that legislative change is required. Then it is a matter for parliament to decide.