Masson v Parsons

The High Court of Australia considered an appeal by a man, the appellant, against a decision of the Full Court of the Family Court of Australia. The dispute concerned whether the appellant was a "parent" of a child conceived via artificial insemination, for the purposes of the *Family Law Act 1975* (Cth). The appellant had provided semen to the first respondent, with whom he was a friend, for the purpose of her conceiving a child. He believed he was fathering the child and intended to support and care for her. His name was placed on the child's birth certificate. The child lived with the first respondent and her de facto partner, the second respondent. The appellant maintained a close and involved relationship with the child, contributing to her financial support, health, and education.

The legal issues before the High Court included whether section 60H of the *Family Law Act* was exhaustive of the persons who could qualify as a "parent" of a child born of an artificial conception procedure, or whether the ordinary meaning of "parent" could apply in addition to that section. The Court also considered whether a State law, which provided an irrebuttable presumption that the biological father of a child conceived by a fertilisation procedure was not the father in specified circumstances, applied of its own force in federal jurisdiction, or if section 79(1) of the *Judiciary Act 1903* (Cth) operated to pick up and apply that State law as Commonwealth law.

The High Court reasoned that it was unnecessary to definitively determine whether the appellant was a "sperm donor" or a "parent" under the ordinary meaning of the word, as the primary judge had already concluded he was a parent in the circumstances of the case, and no reason had been shown to doubt that conclusion. The Court also determined that the State law in question did not apply of its own force in federal jurisdiction. The Court allowed the appeal, setting aside the orders of the Full Court of the Family Court and dismissing the appeal to that court, with costs awarded to the appellant.