Supreme Court ruling: News about co-motherhood and home insemination
The Agency of Family Law has previously denied the registration of co-motherhood in cases where insemination with donor sperm was not performed through a clinic but was instead carried out privately by the prospective parents. However, a recent ruling by the Supreme Court overrules this practice.
The ruling means that, in the future, the Agency of Family Law will register co-motherhood in cases where a relevant healthcare professional has been involved prior to home insemination in a manner that corresponds to the circumstances of the Supreme Court ruling of January 26, 2023.
See the Supreme Court ruling: permission for registration of co-motherhood
In order to register co-motherhood under the circumstances of the ruling, we place particular emphasis on the healthcare professional having provided guidance on the insemination and having signed the Agency of Family Law’s "Consent and declaration of paternity or co-motherhood in assisted reproduction" as the treating healthcare professional.
See the document"Consent and declaration of paternity or co-motherhood in assisted reproduction"
You can request to have your case re-opened
If you have previously been refused registration of co-motherhood for a child conceived through home insemination, and if you believe that the case would have a different outcome if assessed under the same circumstances as the January 26 ruling, you can request to have your case re-opened.
Send a request to the Agency of Family Law, which will then assess whether your case should be re-opened.