The Facts

Same-sex couple undergoes successful IVF procedure

A case heard in the Family Court centred on a rather unusual dispute between two women who were in a same-sex relationship. The women commenced a de facto relationship in 2004, sharing a residence for the following seven years.

In July 2011, one of the women underwent a successful IVF procedure. The donor of the egg for this procedure was the other woman.

However, the relationship was a tumultuous one. On 21 March 2011, prior to the IVF procedure, the woman who was to be the donor moved out of the residence that the women had shared.

Did the relationship end when one of the women moved out?

According to the woman who underwent the IVF procedure, the de facto relationship ended at the point when her partner moved out. However, the egg donor claimed that the de facto relationship between them continued for some months after she had moved out and that it still existed at the time of the IVF procedure.

Importance of de facto status at time of IVF procedure

Whether the women were in a de facto relationship at the time of the IVF procedure was the key question that the court had to answer. If the de facto relationship still existed, the egg donor was a "parent" of the child in the eyes of the law.

This would have significant legal implications for all parties and would be considered when the court determined an appropriate parenting plan for the child. The birth mother of the child strongly opposed this interpretation.

case a - The case for the egg donor case b - The case for the birth mother
  • We were still in a de facto relationship at the time of the IVF procedure
  • I was still staying at the house several nights a week
  • We continued to have a sexual relationship
  • My understanding was that we had a future together centred on our joint care of the child; I even attended medical appointments with the birth mother
  • The content of hundreds of text messages we exchanged before and after the IVF procedure supports what I'm saying
  • We were previously in a de facto relationship, but this ended on 21 March 2011 when she moved out
  • I paid over $61,000 in total for IVF treatment over 2007-2011, without seeking or being offered a financial contribution by my ex
  • We deliberately misrepresented our relationship on the donor declaration at the IVF clinic because we knew the procedure would not be available if we were not partners
  • At the time of the embryo donation, my ex's clear intention was for me to have a baby on my own
  • If that had not been the clear agreement, I would not have gone ahead with the transfer of her embryo

So, which case won? Cast your judgment below to find out.

Vote case A - The case for the egg donor
Vote case B – The base for the birth mother

Simone Timbs
Divorce and separation
Stacks Law Firm

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