Solo mums by choice intentionally become sole parents, but the law hasn’t fully kept up with modern family formation. Parentage laws can be confusing when donor sperm is used.
At federal level, section 60H of the Family Law Act 1975 recognises a child conceived through assisted reproduction as the child of the birth mother and her consenting partner, and excludes the donor from parentage in that context.
However, this provision is framed around couples, so it doesn’t clearly address solo women conceiving with donor sperm. That creates a gap in clarity for solo mums.
By contrast, state legislation generally provides clearer protection by presuming that sperm donors are not legal parents in single-mother assisted conception cases.
So while the practical risk of a donor being recognised as a legal parent is very low, the lack of explicit federal wording can still create uncertainty.
Because of this, solo mums should consider legal advice and a written donor agreement before conception to ensure everyone’s intentions are clear.
Law reform is needed. The Family Law Act should be updated to:
- clearly confirm donors are not legal parents in solo mother conception
- align federal and state laws
- better reflect diverse family structures
Until then, knowledge and clear agreements remain the best protection.
Solo mums conceiving with a donor should consider ways to protect themselves, including seeking legal advice and entering a written donor agreement prior to conceiving. Donor should also seek this clarity before entering a donor arrangement.
If you are entering a donor arrangement, you need to get legal advice and consider having a Donor Agreement drafted. I can provide template Donor Agreements see the details and options below.
Hi! I’m Sarah Jefford (she/her). I’m a family creation lawyer, practising in surrogacy and donor conception arrangements across Australia.
I’m an IVF mum, an egg donor and a traditional surrogate, and I delivered a baby for two dads in 2018.
