Women files child support claim against medicial sperm donor D237 (no joke)

basswave · #1 10-01-2009, 08:12 AM

Court won’t hear sperm donor suit

The state Appeals Court asked lawmakers yesterday to take on complex legal questions now surfacing about anonymous sperm donors and the children conceived through science.
Discuss

In a ruling issued yesterday, the court refused to become involved in a Suffolk Probate and Family Court case in which the mother of twin daughters, known only as Jane Doe, is demanding that the New England Cryogenic Center Inc. identify a sperm donor known only as D237.

Jane Doe “seeks disclosure of his identity so that she can institute a paternity and child support claim against him and obtain medical information that may be useful in treating conditions she claims her daughters have developed,’’ Appeals Court Judge James McHugh wrote for a three-judge panel.

“The issues the case raises,’’ he wrote, “are issues of first impression and potentially, at least, have broad ramifications, indeed, ramifications that cry out for legislative treatment.’’

McHugh said the Appeals Court would not address any issue raised by the case because a large number of legal issues remain outstanding, including whether D237 knows that Jane Doe is trying to get his genetic history.

Jane Doe represented herself before the court and could not be reached for comment.

The attorney for the New England Cryogenic did not immediately return a telephone call seeking comment. Case files, including a decision by Probate and Family Court Judge John Smoot, are impounded by court order.

But according to McHugh’s ruling, D237 sold his sperm between 1992 and 1994 when he was in his 20s and a Boston medical student.

D237 signed an agreement vowing not to inquire into the children conceived from his sperm, while New England Cryogenic promised to keep his identity “in strictest confidence.’’

Joyce Kauffman, the attorney for New England Cryogenic, said she is confident the courts will support the view that anonymous sperm donors cannot be parents. “If an anonymous donor is a parent, then there will likely be no more anonymous donors coming forward,’’ she said. “Would you donate if you knew that one or more recipients of donor sperm would come forward and go after you in a paternity action?’’

Jane Doe purchased the sperm in 1999. She was artificially inseminated in a London hospital and gave birth to twin daughters on Feb. 2, 2001. In 2005, she asked New England Cryogenic for D237’s identity, which the center refused to provide. She was evicted from her London home and moved back to the United States, the court said.

In 2006, Jane Doe sought the donor’s identity so he could be required to pay child support and to provide updated genetic information because the twin girls had been diagnosed with “ectodermal dysplasia, from which she claims the twins are suffering and for which genetic information from both parents may be helpful in treating.’’

Ectodermal dysplasia is a group of conditions in which there is abnormal development of the skin, hair, nails, teeth, or sweat glands.

Jane Doe voluntarily placed the twins in the custody of the state Department of Children and Families.

A guardian ad litem, or person appointed by the court to represent the minors, will investigate the health of the girls and undertake a possible search for a genetic link to D237.

jeremyr · #2 10-01-2009, 08:17 AM

She needs to shut her trap and accept the consequences.

When you play God you take chances and you know of the possibilities BEFORE you sign your name on the dotted line.

This lady should be jailed for even trying to sue over this garbage. I SMH at her argument.

Can you post the link to this article?

basswave · #3 10-01-2009, 08:18 AM

Quote:

Originally Posted by jeremyr

Can you post the link to this article?

Hey Jeremy

Here it is

http://www.boston.com/news/local/mas...rm_donor_suit/

jeremyr · #4 10-01-2009, 08:21 AM

absurd. Absolutely absurd.

MonetBass · #5 10-01-2009, 08:24 AM

What an idiot. She should not have been allowed to have children if that was her mindset.

Armueller2001 · #6 10-01-2009, 08:26 AM

Speaking of sperm donation, anyone done it? I'm thinking about it. I mean, $75 a week for 6 months just for going and taking care of business...

bassteban · #7 10-01-2009, 08:26 AM

This is like suing TB for making me dumber by reading this. I knew when I got on that there could be some stupid **** unfolding in the world today, but this is impressively asinine.

basswave · #8 10-01-2009, 08:29 AM

Quote:

Originally Posted by jeremyr

absurd. Absolutely absurd.

I know...

This is the most ludichrist request imaginable.

For one you receive animity when you are donor only medical history can be released.

I wonder if a clerk magistrate of some jr DA could slap a fine on her for wasting the courts time. Probably not but...

basswave · #9 10-01-2009, 08:33 AM

Quote:

Originally Posted by Armueller2001

Speaking of sperm donation, anyone done it? I'm thinking about it. I mean, $75 a week for 6 months just for going and taking care of business...

Thats what it was in the early 90s as well...Jeez no raise there

TrooperFarva · #10 10-01-2009, 08:37 AM

Quote:

Originally Posted by basswave

This is the most ludichrist request imaginable.

No, I can think of one worse. I remember cases where a couple got divorced because the guy found out he was not the biological father of the child, and as part of the divorce, the guy was forced to pay child support.

I understand that the court has the best interest of the child at mind, but I still think that's complete lunacy.

jeremyr · #11 10-01-2009, 08:43 AM

Quote:

Originally Posted by basswave

I wonder if a clerk magistrate of some jr DA could slap a fine on her for wasting the courts time. Probably not but...

If only they could, but then you'd get into the grey area of what's a waste of time.

I do believe that this lady should be fined at least $50 for even raising such a frivolous case.

7StringBassist · #12 10-01-2009, 11:50 AM

that's ridiculous I'm pretty sure she signed a waiver giving up legal rights when she did this, even still the sperm bank has legal obligations to keep his identity secret.

Joe Gress · #13 10-01-2009, 12:17 PM

Quote:

Originally Posted by jeremyr

She needs to shut her trap and accept the consequences.

When you play God you take chances and you know of the possibilities BEFORE you sign your name on the dotted line.

This lady should be jailed for even trying to sue over this garbage. I SMH at her argument.

I completely agree with this.

LaklandBass · #14 10-01-2009, 12:40 PM

This reminds me of another case here in america that was on a TV court show.
Some guy meets girl at bar. Goes to girls home. Has sex with girl using condom. Guy removes condom and places on nightstand. Guy goes into bathroom to clean up. Girl turns condom inside-out inside of her. Girl gets pregnant. Girl sues guy for child support.

Joe Gress · #15 10-01-2009, 12:42 PM

Quote:

Originally Posted by LaklandBass

This reminds me of another case here in america that was on a TV court show.
Some guy meets girl at bar. Goes to girls home. Has sex with girl using condom. Guy removes condom and places on nightstand. Guy goes into bathroom to clean up. Girl turns condom inside-out inside of her. Girl gets pregnant. Girl sues guy for child support.

Always dispose of everything properly.

DblG · #16 10-01-2009, 12:44 PM

I think she should at least know the donors up to date medical history.
The donor should remain anonymous and she deserves NO money from him.

L-A · #17 10-01-2009, 01:03 PM

Quote:

Originally Posted by DblG

I think she should at least know the donors up to date medical history.
The donor should remain anonymous and she deserves NO money from him.

It's not a matter of medical history, unfortunately.

The condition is dependent on the presence of two recessive genes, one from each parent, so you may carry it and never know for your whole life.

MatticusMania · #18 10-01-2009, 04:38 PM

Quote:

Originally Posted by Armueller2001

Speaking of sperm donation, anyone done it? I'm thinking about it. I mean, $75 a week for 6 months just for going and taking care of business...

Ive considered it in the past. After saying so to my girlfriend, and now being in need of a little extra cash, Im looking into it again.

Does anyone know if there are any laws in place to protect donors from situations like this? I believe there may be...

L-A · #19 10-01-2009, 05:02 PM

Quote:

Originally Posted by MatticusMania

Does anyone know if there are any laws in place to protect donors from situations like this? I believe there may be...

As 7StringBassist mentioned, clients usually sign off their rights to any legal action concerning the donor.

Jimmy Bones · #20 10-01-2009, 05:03 PM

I am of the opinion that the donor ought to be required to furnish, upon request, a detailed family medical history for the sake of any children which come about as a result of his donation, and ought to be required to furnish updates if certain major illnesses present later in his life.

I am also of the opinion that he should absolutely not be held liable for child support. Any person who contractually copulates with a woman in order to help her conceive ought not either on the same principle. There was a case in Gainesville, FL a decade or so ago, where a gay man was taken to court for child support after contractually impregnating a woman for her and her female significant other. SO left her, and she was without a family. I think the court made him pay, not sure.