De Facto Couples And Artificial Conception

Artificial conception provides parties with a possibility of parenthood that may not otherwise be achieved for social or medical reasons. However, when having a child using an artificial conception procedure, including IVF and other methods, there can be implications for how the Court views the child’s parentage if the non-genetic parent is not in a de facto relationship with the genetic parent at the time of conception. It is therefore important that you seek legal advice prior to embarking on an artificial conception journey, to ensure the future for you, your partner and your child is as you imagine.

There are particular matters the court takes into consideration when considering whether a couple is a de facto couple for the purposes of the Family Law Act 1975. They are:

  • the duration of the relationship;
  • the duration of the relationship;
  • the nature and extent of “common residence”;
  • whether a sexual relationship exists;
  • the degree of financial dependence or interdependence, and any arrangements for financial support, between them;
  • the ownership, use and acquisition of their property;
  • the degree of mutual commitment to a shared life;
  • whether the relationship is or was registered under a prescribed law of a State or Territory as a prescribed kind of relationship;
  • the care and support of children;
  • the reputation and public aspects of the relationship.