Lesbian couple’s appeal of sperm donor ruling fails

A LESBIAN couple, who reached an agreement with a man to father a child with one of them, have lost a Supreme Court appeal against an injunction restraining them travelling to Australia with the one-year-old boy for a year.

The man secured the injunction from Mr Justice Henry Abbott in the High Court this year pending the outcome of proceedings in which he wants to be awarded guardianship and joint custody of the boy.

By a two to one majority, the Supreme Court yesterday dismissed the couple’s appeal against that injunction. Giving the judgment — which was backed by Mr Justice Joseph Finnegan — Ms Justice Susan Denham agreed with the High Court that the paramount issue was the boy’s welfare, that a year was a long time in the life of a developing infant, and the balance of convenience lay in his remaining here pending the determination of the man’s rights.