I know I’ve been mostly absent. Just so you all know, it’s simply that kind of semester. I’ve been wildly busy with teaching and writing and so, until things settle down, this is on the back-burner.
That said, there’s a recently filed lawsuit that I have seen discussed many places. Need I say that I am tempted to add my own two cents? And so I shall.
The facts are pretty simple and this leads to a very brief version of them. An Ohio lesbian couple used sperm from a sperm bank. They put in a request for a particular donor and were given the wrong one. This was an error on the part of the sperm bank. In this case, the women, who are both white, had asked for a white donor and they were mistakenly given a Black donor. Thus, the resulting child is mixed race. And they’re suing for damages.
Many people have found this lawsuit troubling. I don’t think it has much to do with the parents being a lesbian couple–I think you’ve have the same issues with a straight couple. As some frame it, the question the case raises is whether they can claim to be harmed because their child isn’t white. Continue reading
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
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
As you may have read elsewhere, the appellate court in California has ruled on the parentage case brought by Jason Patric. (You can get to the opinion from this page if you look under opinions issued on May 14.). The papers paint this as a victory for Patric, which is correct, but they also (at least the headlines I’ve seen) get the details wrong.
I’ve written about this case before and it’s certainly gotten it’s share of media coverage. I won’t recite the facts (which are sharply contested) in any detail, but it’s interesting and important to read the facts as recited by the court. Critically, Patric provided sperm for the insemination of Danielle Schreiber. The pregnancy resulted from insemination. And after the birth of the child (Gabe) Patric developed a social/psychological relationship with Gus. (This very barebones version of the facts may actually be consistent with both sides’ versions.)
So the court said several important things. First, the fact that Patric provided the sperm doesn’t make him a parent. It also doesn’t give him the right to establish any particular relationship with the child. (That’s footnote 10 and is a point that Patric conceded.).
Second, the fact that Patric provided sperm doesn’t preclude him from using California law that would be available to anyone else Continue reading
Many of you will know that there is a case from Kansas that I have been following for some time. Before I get to the newest twist, I’ll do a quick summary. For more details follow the link to earlier posts.
Angela Bauer and Jennifer Schreiner were a lesbian couple seeking to have a child. They found William Marotta via a Craig’s List ad. He agreed to provide sperm and, in a written contract, agreed that he would be a donor only and not a legal father.
The problem is that in Kansas that contract does not have legal effect. What would have accomplished the purpose was if the sperm had been provided to a doctor rather than directly to the women. An agreement–even a clear written agreement–simply doesn’t do it under KS law.
Now as it happens all of the individuals involved (Marotta and the two women) honored the agreement. The child was raised by the two women and had no contact with Marotta. But then the one woman who was a legal mother needed financial support from the state and the state, looking to recoup its costs, determined that Marotta was a legal parent and hence owed support. It commenced suit against him. 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 know that the parentage case involving Jason Patric and Danielle Schreiber has been all over the web for a long time but as it has finally arrived in the NYT, I thought I might as well take the time to comment. I don’t think I can begin to summarize the facts, so for starters I’d suggest you go and read the article. (I’m going to work off the facts as reported there.)
One thing to note at the outset is that many of the facts are disputed. I don’t pretend to have any special knowledge of the facts. Thus, I do not know about what did or did not happen. For instance, I do not know why Jason Patric was the one who took Gus to be circumcised when Gus was eight-days old. But there do seem to be a bunch of things that there is agreement about. Jason Patric is the genetic father of Gus. Continue reading