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Lane v Lester [2022] NZFC 9861

Published 27 July 2023

Status of children — guardian — artificial insemination — fertility — Status of Children Act 1969, ss 2A, 3, 13, 15, 14, 18, 21 & 26 — Care of Children Act 2004 — Family Proceedings Act 1980 — Interpretation Act 1999 — Hemmes v Young [2005] NZSC 47. This was a reserved judgment to determine the status of a child. The applicant claimed that he was the biological father of the child. Both respondents opposed. The first respondent was the biological mother of the child and the second respondent was her partner at the time of the child's conception. The child was the result of an artificial insemination, as the respondents were in a lesbian relationship. The identity of the donor was disputed. The applicant sought a declaration of paternity while the respondents brought an application to strike out and an application for security for costs in the event that the strike out application was not successful. The Court held that the applicant was focused on determining the child's biological status while the legal provision applies to legal status. The applicant had no legally recognised parental relationship with the child, therefore the Court decided that the application failed and it was struck out. However there were other options available to the applicant, such as updating the donor's details at the fertility treatment or seeking a contact order. Judgment Date: 7 October 2022. * * * Note: names have been changed to comply with legal requirements. * * *