Send us Fan Mail

Known sperm donation sits at a complex intersection of family law, contract law, and reproductive ethics. In this episode of the Australian Family & Fertility Law Podcast, Multi-Award Winning Surrogacy & Fertility Lawyer Stephen Page outlines the eight rules he has developed since 2013 to protect donors and recipients from legal "train wrecks."

Stephen addresses the common misunderstandings surrounding "natural insemination" (NI) versus "artificial insemination" (AI), citing 30-year-old case law and more recent High Court decisions to illustrate how intention can be overridden by biology in the wrong circumstances. He emphasises the necessity of professional fertility counselling through ANZICA-affiliated experts and the importance of clinical medical screening to prevent the transmission of STIs or inheritable conditions like cystic fibrosis. Finally, Stephen discusses the evolving landscape of Central Donor Registries in Queensland, NSW, and the ACT, and why ensuring a child's access to their genetic heritage is a fundamental responsibility for all involved.

In This Episode:

• The dangers of using ex-partners as sperm donors and the risk of role confusion.
• Why legal agreements must be signed prior to conception.
• The "sex vs. science" debate: How natural conception can trigger automatic child support and parental responsibility.
• The role of ANZICA infertility counsellors in setting clear expectations.
• Why "downloadable" web agreements are often legally insufficient and risky.
• Understanding the criminal penalties for commercial sperm donation in Australia.
• The importance of the Central Donor Registry for future generations.
• Practical advice on why donors and recipients should establish a relationship before proceeding.

For expert assistance with known sperm donor agreements, visit our website: https://pageprovan.com.au/

Made by Law Firm Marketing Experts, Practice Proof

Send us Fan Mail

Parental alienation is a complex and often insidious dynamic that can have a profound impact on a child's psychological wellbeing and their relationship with a parent. In this episode of the Australian Family & Fertility Law Podcast, Bruce Provan, Managing Director of Page Provan, clarifies what parental alienation means within the context of the Australian legal system. Although it is not a term specifically defined in the Family Law Act, the courts recognise it as a serious issue that can sometimes border on family violence or child abuse.

Bruce discusses how the court distinguishes between legitimate protective concerns—such as instances of alleged abuse—and deliberate attempts to alienate a parent. He provides insight into the evidentiary requirements for the court, including the critical role of Family Reports and the appointment of an Independent Children’s Lawyer (ICL) to advocate for the child’s best interests. Listeners will also learn about the range of court interventions available, from mandated professional counselling to the rare but significant step of reversing residency orders when one parent remains uncooperative.

In This Episode:

• Understanding the "syndrome" of parental alienation and how it manifests.
• The difference between safety-based gatekeeping and malicious alienation.
• How the court views repeated breaches of parenting orders.
• The evidentiary weight of text messages, emails, and professional interviews.
• The role of the Independent Children’s Lawyer (ICL) in high-conflict parenting matters.
• Case outcomes: From counselling orders to changes in residence.
• How Family Reports capture the nuances of a child's wishes versus alienation.

For expert assistance with parenting matters and family law disputes, visit our website: https://pageprovan.com.au/

Made by Law Firm Marketing Experts, Practice Proof

Send us Fan Mail

Surrogacy counseling is often viewed as a "tick-box" exercise, but it is actually a fundamental legal safeguard for the child and all parties involved. In this episode, Ella Leitch, Solicitor at Page Provan, clarifies the often-confusing counseling requirements within the Queensland and New South Wales jurisdictions.

Ella details the mandatory pre-surrogacy counseling needed before an agreement is even signed, and the subsequent post-birth requirements necessary to obtain a parentage order. A major point of confusion for many is the "independence" rule—in both states, the counselor preparing the final report must be different from the one who saw the parties initially. In New South Wales, there are further complexities regarding the surrogate’s specific post-birth sessions and the counselor's independence from the medical team. This episode provides a clear roadmap for intended parents, surrogates, and their partners to ensure they meet every criteria for a successful legal outcome.

In This Episode:

• The distinction between pre-surrogacy and post-birth counseling obligations.
• Who is required to attend: Intended parents, surrogates, and partners.
• Queensland’s "Surrogacy Guidance Report" and the role of the independent counselor.
• The two-tier post-birth counseling system in New South Wales.
• Why "independence" is a legal precondition for a parentage order.
• The risks of seeking dispensation for counseling requirements.
• How counseling prepares parties for openness and honesty with the child.
• Navigating the timing of signing agreements in relation to counseling sessions.

For expert assistance with surrogacy and parentage orders, visit our website: https://pageprovan.com.au/

Made by Law Firm Marketing Experts, Practice Proof