Last updated 8 August 2016

When married couples, a man and a woman living in a genuine domestic relationship, and female same-sex de facto couples consent to artificial insemination or IVF procedures, they are presumed to be the parents of children born as a result of those procedures, regardless of the source of the ovum or semen that created the embryo.

Section 21 of the Status of Children Act 1978 (Qld) provides that where a de facto or married woman, or a woman in a same-sex relationship, gives birth as a result of using artificial insemination without the consent of her partner, the donor of the semen used has no rights or liabilities in relation to the child born as a result of that procedure. This exclusion of liabilities and rights also applies to a man donating semen to a single woman. The man would have a father’s rights or liabilities only if he later married the mother.