When does a sperm donor have parental rights?<\/a>\u201d was spot on.<\/p>\nShe\u00a0understood the, \u201cfar-reaching implications in terms of our understanding of when a sperm donor may also be a parent.\u201d<\/p>\n
Schreiber used Patric\u2019s sperm via IVF to conceive her baby, Gus.<\/p>\n
They were together for quite some time, but the tumultuous relationship ended in a permanent breakup. \u00a0When that occurred, Schreiber cut all ties between Patric and her son.<\/p>\n
Cohen writes, \u201cPatric turned to the court for help, arguing that he is a parent to the child. Schreiber responded by arguing that under California law, Patric is not a parent but only a donor and therefore without rights to the child.\u201d She continued on in the recap, \u201cAt first instance, the court held in Schreiber\u2019s favour, in February 2013, finding that Patric is a sperm donor only and not a legal parent. The court relied on a statute that specifically states that where a sperm donor is not a spouse of the woman using the sperm, without a preconception written agreement to the contrary, a donor is not a parent.\u201d<\/p>\n
Following this, Patric appealed and was victorious.<\/p>\n
Even though Patric\u2019s and Schreiber\u2019s original intention may have been for him to only play the role of a donor, Cohen reports, this decision demonstrates that a sperm donor can become something more based on post-birth behaviour.<\/p>\n
Cohen went on to say, \u201cPeople who are unfamiliar with the specific details of the case, or at least with the court\u2019s findings of fact, may see this case as cause for concern as it appears to provide donors with parental rights. Of course, many of us, myself included, think it is good policy for donors, parents and donor-conceived children that the law clearly indicate that a donor is not a parent, without something more.\u201d<\/p>\n
It\u2019s in this part of the article where Cohen clearly defines that Patric\u2019s case falls under the \u201csomething more\u201d category.<\/p>\n
Readers of this article are forced to consider that a parent may not merely mean a genetic connection.\u00a0 Another level of \u201cparenthood\u201d is the part that person\u00a0plays in the life of a child.<\/p>\n
As stated earlier in the article, Patric was part of Gus\u2019 life in many ways and instances.<\/p>\n
\u201cArguably, the same finding could be reached even if Patric had no genetic connection to the child,\u201d she writes. \u201cTo be clear, Patric\u2019s legal battle is far from over; he now must stand trial and prove to the court that his post-birth behaviour with Gus is sufficient to meet the threshold of a parent.\u201d<\/p>\n
While Cohen is an attorney who lives in Canada, she tells her readers not to \u201cunderestimate the importance of this legal decision.\u201d<\/p>\n
While California law is different from Canada, she notes, Canadians using donors would be prudent to establish the relationship a donor would have after the birth.<\/p>\n
And I couldn\u2019t agree more.<\/p>\n
I counsel my known sperm donor clients about this all the time. I often have ex-boyfriends donating to their ex-girlfriends and I always tell my intended mothers, \u201cYou can negate this contract and make him a \u2018dad\u2019 just like Patric became one. If that\u2019s what you want after the baby is born, great, but if not, keep the ex at arm\u2019s length.\u201d<\/p>\n
<\/p>","protected":false},"excerpt":{"rendered":"
A furry of media outlets [\u2026]<\/span><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,10,13,1],"tags":[56,125,127,188,211,214,215],"class_list":["post-445","post","type-post","status-publish","format-standard","hentry","category-infertility-2","category-ivf","category-sperm-donation-2","category-uncategorized","tag-danielle-schreiber","tag-ivf","tag-jason-patric","tag-presumed-parent","tag-sperm","tag-sperm-donation","tag-sperm-donor"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/posts\/445","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/comments?post=445"}],"version-history":[{"count":0,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/posts\/445\/revisions"}],"wp:attachment":[{"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/media?parent=445"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/categories?post=445"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/surrogacy-lawyer.com\/zh\/wp-json\/wp\/v2\/tags?post=445"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
![\"FFN_Flynet_j_patrick_091311__Apollo_Zeus_50817034\"](\"https:\/\/surrogacy-lawyer.com\/wp-content\/uploads\/2014\/05\/FFN_Flynet_j_patrick_091311__Apollo_Zeus_50817034.jpg\")
<\/a>Sifting through the recent print media barrage, there\u2019s one article that did get it right.<\/p>\n