Are civil rights zero-sum?
We ask because of a story out of Ireland, where the High Court ruled that a gay sperm donor has no claim to the child he helped produce for a lesbian couple. In his ruling, Justice John Hedigan said that the lesbians should be considered a “de facto” family:
Mr Justice Hedigan said there was nothing in Irish law to suggest that a family of two women and a child “has any lesser right to be recognised as a de facto family than a family composed of a man and a woman unmarried to each other”.
He said the rights of a man who acted as a sperm donor were at least no greater than those of an unmarried father. In considering his application for guardianship the child’s welfare was the paramount consideration.
The ruling gives gay family rights a bit of a boost, but does it deprive the donor of his parental rights?
foofyjim
The only thing I know about this story is what you posted, but if he was just a donor, then he shouldn’t have any parental rights.
CitizenGeek
The sperm donor is just that: a sperm donor. He signed a contract when he donated the sperm to the lesbian couple that he would not have parental rights to the resulting child. I’ve read stories here in the Irish press that the man was a total hindrance to the lesbian couple; so much so that they tried to move to Australia to escape him.
The sperm donor deserves no rights, much less any sympathy, in my opinion.
GranDiva
After reading CitizanGeek’s note, I kind of wish we had access to more detailed information about the lawsuit.
GranDiva
Details like this, in fact…
noah
Here are the facts:
“He agreed in August 2005 to donate sperm to a lesbian couple.
He signed an agreement with them that he would not occupy the role of father but that he would have the role of a ‘favourite uncle’ and his access to the child would be at the discretion of the couple.
The child was born in May 2006.”
I understand that after the child was born it would be hard seeing his flesh and blood be raised by others. However, this is like an adoption case when the parents give up their children, they give up their rights based on the agreement they signed.
The child was conceived because of the love of the two women, and is their child. He’s the donor and should have respected his role as uncle.
leomoore
I’ve been reading about this for some time. I am a father, but I am not sympathetic to his position. He wanted custody for himself and tried to use their status as a lesbian couple against them. He deserved to lose for that reason alone. He could have been a major factor in the child’s life, but got greedy and selfish.
Collins
This guy did honour his role as “favourite uncle” as per their agreement. The lesbian couple cruelly ditched him after leading him up the garden path.