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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22318
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am thinking of filing rights to see 3 children I have

Customer Question

Hi – I am thinking of filing for visitation rights to see 3 children I have father. My question is being a Sperm donor and having donated to the mother - will I be up for child support or back dated support if I win? My understanding is I will win based on a past case but will still be classed as a donor. I have the same issues and after the 3rd was born there has been no contact.
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.
Are you noted as the parent on the birth certificates? What evidence do you have of the paternity? Is there any agreement about this in place?
Customer: replied 6 months ago.
I am a donor so not on the birth cert. I am the father there would be no issue with this. There is an agreement in place saying I have to rights to the children but as I have read the courts do not see these as legal as the view what's in the child's best interest. Is there anyone in New Zealand the specializes in this field that you know of?
Expert:  Chris The Lawyer replied 6 months ago.
There are a few lawyers I can suggest, what city are you located?
Customer: replied 6 months ago.
I am in Tauranga but want someone who knows the about donation law not just family law. Can you also answer the questions as well please
Expert:  Chris The Lawyer replied 6 months ago.

The Status of Children Act does say that you are not the parent in this situation, as you were not the woman's partner at the time of the birth or subsequently, and so you do not have the rights under the Care of Children Act as to contact with the children.

As you are aware the agreement is not recognised by the legislation, and so your only way to get contact other than by consent, would be to apply to become a guardian under the Care of Children Act.

Expert:  Chris The Lawyer replied 6 months ago.

There have been some lawyers who have written about these issues, but I would suggest some senior in this situation, like Simon Jefferson in Auckland. His contact is http://trinitychambers.co.nz/simon-jefferson/

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