The Family Court recently held that it did not have jurisdiction to grant ownership of the frozen sperm of the Applicant’s late partner to her. The Applicant sought an order that she be granted ownership of Mr J’s sperm, with whom she had been in a relationship for two months prior to his death.
The reasons were that the parties had not lived in a de-facto relationship; the relationship between the applicant and Mr J did not break down; Mr J was not alive at the date the applicant filed her application; and jurisdiction is only enlivened once a child is born.
The judge who heard the application held that a power may have laid in State law for the Applicant to access Mr J’s sperm as the executor of his estate.
Rowan Skinner is a highly skilled family lawyer with over 35 years of experience across various legal roles and jurisdictions. Rowan specialises in resolving family law disputes such as divorce, financial settlements, child custody and domestic violence cases. Through his diverse and extensive experience, Rowan has a deep understanding of the complexities and nuances involved in family law. Rowan is a skilled negotiator and litigator who follows a compassionate and client-focused approach which prioritises helping you navigate what can be an emotional and challenging time.