Back in March I put up a post about a column by David Dodge, who is a sperm donor for lesbian couples who are friends of his. (The idea is that he will be known to the child but will not function as a parent.) It was on the Motherlode blog (run by the New York Times).
Well, now it turns out that this is to be a weekly series under the name “Sperm Donor Diary.” This in itself is probably a sign of the times. Last week he posted about euphemisms, describing a conversation about what he was doing he had with, among others, an 11 year old brother. I didn’t comment on that, but it is surely worth a look. (It also strikes me that each of the first two columns in the series have a great deal to do with language–a reminder of how important the words we choose are.) One thing notable (and also carried over from the first entry) is the degree of openness in the process underway. This, I think, bodes well for the future. No secrets means no tension about letting secrets out.
Anyway, here is this week’s post and it has prompted me to write. Tori and Kelly are the lesbian couple involved. Kelly is pregnant (and the baby is due in July.) That’s as much as we knew in the past, I think, and it really isn’t that unusual. But it turns out that both Kelly and Tori provided eggs that were fertilized in vitro using Dodge’s sperm. Continue reading
I approach the topic of birth certificates with some trepidation, because it seems to be a particularly controversial topic. I approach Australian law with great trepidation, as I have no real understanding of Australian law. I rely on what others say, and that is always risky. So you can just imagine the degree of trepidation with which I approach the topic of Australian birth certificates. But nonetheless, here I am.
Some background first: One problem with talking about birth certificates is reaching an agreement about what they are/what they do. I’ve written about this a number of times. (See above trepidation.)
A number of things make the topic more complicated than it might at first seem. For one thing, I assume every country (and many states) have their own ways of doing things. Continue reading
A few months ago I wrote about Thomas Lippert. Lippert worked for a fertility clinic in Utah in the early 1990s and apparently substituted his own sperm for that of intended genetic fathers on at least one occasion. This came to light recently as genetic testing revealed that a 21-year-old was the genetic child of Lippert and not, as was thought, her social/psychological (and legal) father.
Because this happened quite a while back and because the clinic closed in 1997, details of exactly how this happened are scarce. It is, however, clear that Lippert was anything but a model citizen. (He died in 1999.)
Once the story came to light, the University of Utah (the clinic had some affiliation there) did an investigation. And now that is complete. So the next chapter in this story is the University’s response. While it is interesting, it is not entirely satisfactory. Continue reading
First off, thanks to Natalie Gamble and Bill Singer for pointing me towards this case. It’s actually a nice complement to the Jason Patric case, which has been the focus of a lot of recent discussion here.
A lesbian couple in the UK wanted to have children. One woman provided eggs. (She’s the genetic mother.) These were fertilized in vitro and the resulting embryos were transferred to the other woman’s uterus. (She’s the gestational mother.) The gestational mother gave birth to twins.
Both women cared for the children with the genetic mother assuming the role of stay-at-home mom. As some point one of the earlier-created embryos was transferred to the uterus of the genetic mother and a third child was born. (The third child is a full genetic sibling to the twins.) Continue reading
There’s a lot of discussion (some parts of it more relevant than others, some parts of it more temperate than others) about the Jason Patric case–both here and out there in the world. (I do not really mean to suggest that you should read the 152 comments (a number of which are mine) on my post. That’s way over the top, as far as I’m concerned, and it’s part of the reason for starting with a new post.)
Anyway, I’ll remind you a bit about the case and what I think of it, but then move on to some broader observations. Patric provided sperm used to impregnant Schneider. Patric and Schneider had been a couple and had tried to conceive a child via sex. But that hadn’t worked–either the couple part or the conception part. I think it is agreed that by the time they were doing insemination they were not a couple. (If’ I’m wrong, by all means correct me.)
Schneider gave birth to Gus. Patric played some role in Gus’ life. (The details of what role are surely in dispute.) Patric wanted legal recognition as a parent. Continue reading
A couple of days ago I blogged about the contested parentage case involving Jason Patric. There’s been a bunch of discussion there and as I was reading through it I thought of an interesting variation on the problem.
To be clear, this has absolutely no basis in fact, as far as I know. But since (as I pointed out before) we really don’t know the facts that seems fine to me. Instead, a variation like this (what law professors generally call “hypothetical”) allows you to test you thinking about legal rules. It allows you to see which facts would matter to you–and that in turn can lead to questions about why those facts matter.
With all that in mind, here’s the imaginative exercise. Suppose they facts are as we know them–which is to say that there is disagreement between the parties about what exactly the plan was, but somehow the plan went forward. Further, suppose that (as is the case) after the birth of the child the man played some role in his life. (We can talk about what role if you like–but in the real case that’s a part of the contested facts, so I won’t lay it out here). But now suppose that just before heading into court we learn that, through some terrible error, the sperm used to create the child was NOT Jason Patric’s. Continue reading
I’m returning to a theme I’ve written about before here. I’m doing this for two reasons. First of all, before is about four years ago and many readers may not have been readers then (or if they were, they may have forgotten about this). In addition, I am a different person today than I was then (then being 2010) and so perhaps I have something different to say.
In fact, I think the same thing has moved me to write today as moved me to write in 2010: Michael H vs. Gerald D. I won’t discuss it in any detail here. You can read the opinions (though it’s not an easy slog) or you can read the earlier posts about it. But for today’s purpose a quick outline will suffice.
Carole was married to Gerald. She had an affair with Michael. She got pregnant and Victoria was born. Victoria is (let us assume, as it was a 98% likely proposition) genetically related to Michael. Carole and Victoria live for a time with Michael and for a time with Gerald, but eventually it seems that Carole and Gerald reconcile and settle down. Continue reading