Posted on 11/15/2006 6:35:21 PM PST by Lorianne
When a fertility clinic mistakenly placed a client's sperm in the wrong woman, the man sued for the right to be called the baby's father. Trouble is, the law says he's nobody's daddy.___
Matthew Hayes and Nico Swift went to a Portland, Ore., fertility clinic because, like 15 percent of the population, they had been unable to conceive the natural way. And like many of the Americans who feed the $3 billion a year industry, the couple paid thousands of dollars for the hope that science could undo the bad luck of biology. Instead, they found themselves in the middle of a man-made mess.
In a colossal mix-up that is still unresolved, the clinic accidentally used Hayes' sperm to inseminate the wrong woman, depositing his fresh gametes in the womb of a hopeful mother who had arranged to use a frozen sample from an anonymous donor. The woman got pregnant, but the hospital will not tell Hayes her name or even reveal whether a child was born. Hayes believes he has a valid claim to the baby. "They put my sperm into a stranger's vagina," he says. Hayes is in his 30s, a tall, broad-shouldered hipster, with flecks of gray in his brown hair. Normally confident, he crumbles easily these days. When asked about the common assumption that men regard their sperm as expendable, he begins to cry.
(Excerpt) Read more at salon.com ...
Like that's never happened before!
Sounds like his boyfriend is the one who should be suing.
There should be a law (I would make it retroactive if I were King) that ANYONE who contracts with a fertility clinic gives up ALL "parental" rights to the potential offspring. One only has "contractual" rights. This means if the clinic screws up (or intentionally misuses your sperm or egg) you can sue them for violating your contract, BUT YOU CANNOT WRECK SOME KID'S LIFE by demanding custody or visitation. It may be your genetics, BUT IT IS NOT YOUR KID.
I agree, EXCEPT, the child has a right to know his/her own identity ... who were his/her parents. Therefore, I'm opposed to these practices unless children have access to this information.
That may not be the "ethical" thing to do but it would have caused a lot less heartache for all involved.
Interesting info from the article - The couple who accidentally became the parents of Hayes' offspring are " devout conservative Catholics" while Hayes and his fiancée are "pro-choice liberals".
I don't think I agree or maybe I misunderstand. From what I gather from the article the man wasn't a sperm donor. He was a man that went with his wife to a clinic and wanted his wife impregnated not this other woman.
Genetics is one form of Paternity so I have to disagree with that point alone. I am a woman so I have to give a hypothetical from my point of view. If I gave birth to a child and my child was given 'to the wrong woman', I would still adamantly want my child whether they gave me a replacement baby or not.
This or any other man wanting to take responsibility for the fathering of one of their biological offspring is good for our country. I imagine one of the things bothering this man the most is the idea of his child growing up without a father.
Now if this was a remorseful sperm donor that would be another story.
Dr. Strangelove was right. You have to be careful about your bodily fluids.
At least until the kid screws up, or starts college.
I agree with you on this, but normally having a baby doesn't create the risk of mixup (It is EXTREMELY rare.)
From what I gather from the article the man wasn't a sperm donor. He was a man that went with his wife to a clinic and wanted his wife impregnated not this other woman.
My point is that he should have a contract with the clinic that this would not happen. If it happens, the clinic is in violation of the contract and must compensate him. I just don't think he should be allowed to wreck some family because of the problem.
I have a rule I try to live by.....
"If you do not want to father a child, don't deposit your sperm in locations likely to result in a pregnancy. Women and fertility clinics are two such places."
I can only imagine the anguish a liberal couple goes through when they are desperate to abort a child, but cannot get pregnant naturally.....
There are Jews in the world, there are Buddists,
There are Hindus and Mormons and then
There are those that follow Mohammad, but
I've never been one of them.
I'm a Roman Catholic,
And have been since before I was born,
And the one thing they say about Catholics is
They'll take you as soon as you're warm.
You don't have to be a six footer,
You don't have to have a great brain,
You don't have to have any clothes on,
You're a Catholic the moment Dad came, because
Every sperm is sacred,
Every sperm is great,
If a sperm is wasted,
God gets quite irate.
Every sperm is sacred,
Every sperm is great,
If a sperm is wasted,
God gets quite irate.
Let the heathen spill theirs,
On the dusty ground,
God shall make them pay for
Each sperm that can't be found.
Every sperm is wanted,
Every sperm is good,
Every sperm is needed,
In your neighborhood.
Hindu, Taoist, Morman,
Spill theirs just anywhere,
But God loves those who treat their
Semen with more care.
Every sperm is sacred,
Every sperm is great,
If a sperm is wasted,
God gets quite irate.
Every sperm is sacred,
Every sperm is good,
Every sperm is needed,
In your neighborhood.
Every sperm is useful,
Every sperm is fine,
God needs everybody's,
Mine, and mine, and mine.
Let the pagans spill theirs,
O'er mountain, hill and plain.
God shall strike them down for
Each sperm that's spilt in vain.
Every sperm is sacred,
Every sperm is good,
Every sperm is needed,
In your neighborhood.
Every sperm is sacred,
Every sperm is great,
If a sperm is wasted,
God gets quite irate.
Actually that wasn't Dr. Strangelove, it was the kooky military guy. He was prescient, though, wasn't he?
That'd be General Jack D. Ripper.
Heh, I've only seen the movie once, so I couldn't remember his name, I just remember how creepy he was.
I stand corrected (and I'm not letting you have my correcting fluid, either).
Doesn't this entitle one to conjugal visits or something?
I actually know two different people whose babies were accidentally given to other moms in the hospital. It was only temporary -- in one case the nurses noticed the mistake based on the armbands, and in one case the gender was wrong. However, in both cases it appears that other moms nursed my friends' babies for a few minutes. Creepy, eh?
Back on topic -- something doesn't quite add up with this article. It claims that Doe tested pregnant the day after her insemination. That's impossible, because even blood tests only show up positive after the embryo has a chance to implant and start releasing hormones (and that takes a few days). Weird. Maybe I'm reading something wrong.
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