Irish Case of Sperm Donor vs Lesbian Couple

no. 408

First off let's state a few facts as I gleaned them from the various articles about this case. In short this is not a simple case involving an anonymous sperm donor or even a ID-release donor. This is case stemming from a known donor who was involved from the beginning.

The sperm donor was known to the couple and there was a contract between the parties laying out the expectations of the parties even going so far as stating that if the bio mom were to die the sperm donor would have some parental rights as to how the child would be raised. The contract even specified visitation rights. The lawsuits appear to have began after the women began to cut down or stop allowing the sperm donor the right to see the child and after the lesbian couple announced plans for protracted travel out of Ireland with the possibiilty of emigration to Australia.

The court made references to the best interests of the child and that the first years are critical to the development of a bond between "father and son". In this case from what I see this donor was acknlowledged as both father and dad as to both his existence and to his ability to interact with the child. This is not a case where the donor anonymously gave up his sperm to a clinic only to recant his decision and want interaction. This man had that interaction and was the father (beyond the obvious biological connection). Yes he rarely saw the child based on the visitation rights agreed to but all parties acknowledge his connection and right to it in some form.

In my mind this case while involving the use of donor insemination to create this child is nothing more than a custody case between parents. It should only be precedential to similiar fact patterns. I respectfuly disagree with any parties that argue that this case is a precedent that sperm donors are something more than a father biologicaly, defined in its narrowest sense, where these facts don't exist.

Irish Independent Journal, UTV Ireland, UK TimesOnline, USA Today, UK Daily Mail, UK Scotsman