Sperm donor loses legal recognition as father

A man who donated sperm to a lesbian couple will have his name stripped from their child's birth certificate after a successful legal bid by the birth mother's ex-partner.

The woman took the New South Wales Registry of Births, Deaths and Marriages, and the biological father, to court in May to have his name replaced with hers in the document.

The female child was born in 2001 and the women split in 2006, although they continued to share parental responsibility. The man also played a role in the child's life.

NSW District Court Judge Stephen Walmsley yesterday ruled in her favour, but expressed sympathy for the biological father.

"I am not persuaded there is any contractual right which can affect this application.

"As [the biological father] concedes, there was no agreement before [the child's] birth that he would be on the register when he agreed to donate his sperm."

The judge said the man and the child obviously had a strong emotional attachment.

"I have considerable sympathy for [the man] - he has done what he considers has been his very best for the child."

Outside court, the man, who cannot be named for legal reasons, said he was devastated and labelled the outcome an injustice. "She's not my daughter as far as the law is concerned," he said.

"The laws are totally inadequate, there are no laws to protect people like me.

"It's a very bad day for fathers, that's all I can say."

- AAP