Right of contact of known sperm donors in case of artificially conceived children. Hoge Raad 11 April 2008 NJ 2008, 555

Abstract

The recent developments in European and Dutch family law with regard to contact between parent and child illustrate the importance of protecting “family life”. With regard to contact, there is no distinction between the juridical father and the biological father (including the known sperm donor) who has “family life” with the child. With regard to South Africa, provision must be made for the known sperm donor with ”family life”, to acquire automatic responsibilities and rights with regard to the child. It should also be possible for him to be identified as the child’s biological father (ito s 26) if “family life” exists between him and the child. If it is so that sections 26 and 40 already indirectly address the position of the unmarried known sperm donor, who finds himself in a permanent life partnership with the mother, it is suggested that it is extremely vague and that it should be addressed in unambiguous terms to enhance legal certainty.