OHSU -a single women went in to receive donated sperm to conceive a child. That same day an engaged couple went in so the soon-to-be-husband could give sperm to artificially inseminate his finance b/c they were having trouble conceiving.
Instead of giving the single women the donated sperm that she came in for, she received the sperm of the soon to be husband.
OHSU contacted the single women and the couple to inform them of the mistake.
Now the women has had the baby and the couple wants paternity tests done to prove that the sperm was from the couple and not the donated sperm from the clinic.
The intention of the couple is to fight for custody of the baby, even though the baby is the single women's. The women refuses to allow her medical records viewed or dna tests done on the baby, because she does not believe the couple has a right to test the child.
Do you think the couple has any rights to the child? Should the medical records be opened?
2006-09-21 19:15:30 · 11 answers · asked by Anonymous in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
via-Oregonian Newspaper
2006-09-21 19:16:04 · update #1
the probable sperm that conceived the baby was from the couple and not the original sperm donor.
2006-09-21 20:00:39 · update #2
That's a "sticky " situation...... I think guys beef is with the hospital.
2006-09-22 18:28:51 · answer #1 · answered by Chicky 2 · 1⤊ 0⤋
I’m pretty sure that when men agrees to donate sperm he signs a form that terminates his rights. This seems to be saying that the facility messed up and fertilized this single woman with this mans sperm which was suppose to be fertilized with his wife. Its like something you’d see on a soap opera.
Honestly they should sue the Sperm place for making such huge mistake.
Technically I don’t know how much ground they would have this single mother is the baby’s biological/birth mother. Courts typical don’t take a child away from its mother unless she is dimmed unfit. The Father may have some rights I don’t know, but his wife certainly does not have rights to this child. If anything the (single mother and father) would get joint custody or the father would get visitation.
It’s a sad situation because all the people are victims they didn’t ask for any of this, they just both wanted to start families and someone made a huge mistake. The couple could try to sue but i dont think it would get them anywhere as agian the wife would have zero rights to this child.
IMO the baby should stay with the mother, the couple needs to give it another go at a diffrent place and have a baby of their own
2006-09-21 19:51:46 · answer #2 · answered by Spread Peace and Love 7 · 0⤊ 0⤋
I think they do, in the sense that they were not giving a sperm 'donation'. If it were a donation, then no - that would be like donating money and then asking for some back. But this was not a donation, the sperm had an intended recipient - the man's wife.
The baby is not only the single woman's, it is also the 'husbands.' Therefore the man, at least, has rights to the child.
2006-09-21 19:20:35 · answer #3 · answered by the_fatmanwalksalone 4 · 0⤊ 0⤋
No they should not be allowed to have anything to do with this child. In the eyes of the Law, she was genetically raped. A good lawyer could also argue wreak-less abandonment from the donor sperm because that is what the single mother consented to. She didn't consent to a Sergeant birth which is basically what the engaged couple is claiming. She may have his donor sperm, but the birth mother has more rights to that child. In all honesty, just because she had donor sperm, she still has her own biological rights. She is not the one who made the mistake, the doctor needs to have his as@ sued and his license pulled. Rest assure, the law is on the birth mothers side.
2006-09-21 19:33:37 · answer #4 · answered by Fuel632 2 · 3⤊ 0⤋
When you play with fire, you get burned. Both the single woman and the man who donated the sperm have technical rights to the baby, however in the moral and ethical climate in which this took place, I don't believe the sperm donor should interfere. This is a new technology with many ethical dilemmas.
2006-09-21 19:18:35 · answer #5 · answered by surfinthedesert 5 · 0⤊ 0⤋
I extremely have 4 toddlers. My babys' heads have been in place after approximately 34 weeks each time, very low. My toddlers have been born 10 days early, 2 days overdue, 14 days early, and four days early, so it extremely has no effect on while the child is due, that's trouble-free. Your cervix ought to proceed to be closed regardless.
2016-10-15 07:08:56 · answer #6 · answered by Anonymous · 0⤊ 0⤋
once a man donates his seamon it is numbered and there is no way of tellling where it came from ....so no he aint got nothing coming ,But clearly this is a tad different , but the single lady carried the baby , so if the couple has right to the child then she should have a right to be compensated for carrying the child , if that is in fact they way it went down ........
2006-09-21 19:22:47 · answer #7 · answered by Anonymous · 0⤊ 0⤋
wow, that's a complicated one. i believe the single mother should be able to keep her child. if the other couple wants a baby, they can have their own.
2006-09-21 22:22:00 · answer #8 · answered by codylynn_03 3 · 0⤊ 0⤋
This will vary from state to state....you'd have to tell what state this took place in for any sort of real answer.
2006-09-21 19:21:02 · answer #9 · answered by Anonymous · 0⤊ 0⤋
That's a tough one!
I think he probably does have rights.
2006-09-22 02:12:13 · answer #10 · answered by Lisa 4 · 0⤊ 0⤋