Oregon Man Deemed Donor - No Rights to Sperm Mistakenly Provided to Second Couple

no. 354

"Judge says accidental sperm donor has no right to know if he's a father"
Posted by The Oregonian April 16, 2007 15:56PM
-- Ashbel S. Green

Excerpts:

"A Portland man whose sperm was inadvertently given to a Salem-area woman has no right to find out whether he is a father, a Multnomah County judge has ruled.

Circuit Judge Henry Kantor said he was not finished writing his opinion, but wanted the parties to know his decision because it had been so long - nearly seven months - since they argued the case before him.The man, who sued for a paternity test under the initials M.H., claimed that he produced a sperm sample at Oregon Health & Science University's fertility clinic in September to impregnate his fiancee. The same day, a Marion County couple that had struggled to start a family was visiting the clinic. A mix-up occurred, and clinic workers gave M.H.'s sperm sample to the woman."

"Michael G. Smith, the attorney for the Marion County couple, praised the decision. He said he expected M.H. to appeal. "I think essentially what they would be doing is to ask the Oregon Court of Appeals to declare Oregon's artificial insemination statute unconstitutional, which is a tall order," Smith said"

Full text of the Oregonian article at the Annex.

My Opinion:

I can understand the plight of the couple given the sperm by mistake but I think the judge got the decision wrong. I'll have to wait to see the written opinion once it is public but to me it appears the decision has a fatal flaw.

I have posted the Oregon statute on the Annex but it essentially says a Donor has no rights to the children created by the donated sperm. [Oregon State Law Section 109.239].

The flaw as I see it is that the intent of the plaintoff was never to be a donor but that his sperm only be used with respect to his wife so how did he become reclassified as a donor? If he is not a donor his rights should not be cut off. I disagree with the defendant's attorney. The appeal does not have to invalidate the law but it does have to attack the application of the law to this plaintiff.

Needs of Sperm Donors, Offspring at Odds

no. 332

Needs of Sperm Donors, Offspring at Odds

By Kay Miller

Star Tribune

Minneapolis – St. Paul

Last Updated: February 2, 2007

- The sperm bank industry is being challenged to catch up with growing demands for detailed information about donors as thousands of their offspring come of age.

- The article includes the following paragraph:

"Morrissette collected evocative essays from DI children, a sperm donor, even an infertile father in her 2006 book, " Behind Closed Doors: Moving Beyond Secrecy and Shame," (Be-Mondo Publishing, $12.95)"

The infertile father is me!

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A Sperm Donor has Waited for More than a Year to Become Part of His Kids Lives

WIBW.com

Topeka, Kansas

Posted: 4:48pm Feb. 2, 2007

- An update of the Kansas Supreme Court case. In short this was the first day the Court could have issued its opinion. It did not do so and the next possible date a decision can be issued is March 16.

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Donor Offspring Find One Another

Star Tribune

Minneapolis - St. Paul

by Kay Miller

Last Updated: February 02, 2007 – 5:13 PM

- The mothers know that Donor 1047 has at least 23 offspring, possibly as many as 100.

Kansas Supreme Court Hears Case of Sperm Donor's Rights

no. 303

The Kansas State Supreme Court heard arguments yesterday regarding the case I described in Post # 298 below. The post title above provides a link to the full text of the AP article regarding the oral arguments.

The plaintiff - donor, is arguing the unconstitutionality of a 1994 law which requires that an agreement have existed mutually acknowledging the donor's rights as father.