Donor denied access rights to biological child

[DS-147]

This will prove to be a landmark case in situations such as this I would think...
Very difficult area to legislate for in my opinion, but as Judge Hedigan pointed out in his ruling it is an area that requires urgent consideration.

http://www.rte.ie/news/2008/0416/guardianship.html

[infamous-el-guapo]

I tend to agree with the ruling on this one, although I'm sure it's very upsetting for A.

[corelli]

Don't get too excited. The doner (I refuse to use the term father) has indicated he will appeal.

Interesting that the judge who heard the case was the former Irish judge to the European Court of Human Rights. John D. Hedigan.

I very much doubt the oireachtas will do anything about this. They will leave the legislation as is and let it trundle through the courts and then amend the legislation as appropriate. It has been the common practice of the legislature over recent years to bury their head in the sand regarding slightly controversial issues such as this and let the courts do their dirty work. Think of the X case, synnott, td, etc etc

[Cookie68]

This will prove to be a landmark case in situations such as this I would think...
Very difficult area to legislate for in my opinion, but as Judge Hedigan pointed out in his ruling it is an area that requires urgent consideration.

http://www.rte.ie/news/2008/0416/guardianship.html

Assuming this wasn't a set up by the LGBT rights lobby (the donor was a gay friend of the mother) it is very sad for all involved. If not now it will in time be sad (when the young lad discovers where he came from and how he faces into adulthood without ever having a dad to guide him).

The Judge took the view that the sperm donor couldn't change his mind on the 'arms length' nature of the donation of his sperm (as signed down for in the pre-donation contract) any more than a parent giving up a child for adoption could change their mind a couple of years down the line.

If these issues and test cases aren't sad enough wait until we see what is coming down the line once the activists convince politicians and Judges that it's natural:

http://www.independent.ie/world-news/ne ... 47356.html

"These offspring are chimeras – a genetic mix of two or more individuals – because some of their cells derive from the embryo and some from the skin cell. Technically, such a child would have three biological parents. "

So in the not too distant future Judges may be forced to sort out the legal issues surrounding humans who are created from a cocktail of skin scratchings.

This could presumably allow groups of online Bebo / Facebook adult friends to get together and donate skin cells to create a life without ever even meeting one another.

Sure it's all progress.....

[DS-147]

I very much doubt the oireachtas will do anything about this. They will leave the legislation as is and let it trundle through the courts and then amend the legislation as appropriate. It has been the common practice of the legislature over recent years to bury their head in the sand regarding slightly controversial issues such as this and let the courts do their dirty work. Think of the X case, synnott, td, etc etc

The sad part about this is that there are families being built with no legislation to protect them. Ordinary people are then forced to go to court and spend fortunes trying to sort out these issues. I would imagine the costs involved in taking and defending actions like this must be huge.

[Limerick Lad]

Assuming this wasn't a set up by the LGBT rights lobby (the donor was a gay friend of the mother) it is very sad for all involved. If not now it will in time be sad.

There doesn't appear to be anything in the story that would lead anyone to have such suspicions.

[White Horse]

This case should remind people that creating children in this way is detrimental to the interests of the child. While this form of artificial insemination may be fine for greyhounds and horses, it is inappropriate for human beings.

How is this child going to feel in later life that his "mothers" prevented him from seeing his father. Please remember that genetics do play a large part in determining one's personality.

[DS-147]

This will prove to be a landmark case in situations such as this I would think...
Very difficult area to legislate for in my opinion, but as Judge Hedigan pointed out in his ruling it is an area that requires urgent consideration.

http://www.rte.ie/news/2008/0416/guardianship.html

Assuming this wasn't a set up by the LGBT rights lobby (the donor was a gay friend of the mother) it is very sad for all involved.

Would you mind explaining what would be to gained by the LGBT 'lobby' in 'setting up' this case?
Would you also worry that the X case was a set up by 'The pro-choice lobby'? Oh no it's because the donor was a friend of one of the women that's why it was a set up? Oh, and he was also gay... shur that seals it doesn't it? Everyone knows that every gay person is part of that 'homosexual lobby' that everyone talks about!

If anything a case like this serves to prove that issues like sperm/egg donation, surrogacy etc are not in the least bit cut and dry, despite what those who may need to avail them may wish to believe.
It also would be hugely costly.
It also would involve using a young child as a pawn in an imaginary custody battle.

It worries me that someone would be so paranoid as to think that the big bad (not to mention non existent) 'homosexual lobby' is taking imaginary 'set-up' cases to court in order to trick the government into moving on legislation in this area.
Is it too much to imagine that this is a case of (and I'll say it again.. and again!) ordinary people who came to an agreement with a friend to help them start a family? Is it a huge stretch to assume that the man then changed his mind? That he decided he did want more more rights to his biological child and so the matter proceeded to court?

No, no you're probably right, it's probably be the big bad 'homosexual lobby' up to their dastardly tricks again!! Thank god we have you to protect us against them, they won't pull the wool over your eyes!!



What paranoia!

[NeilW]

This case should remind people that creating children in this way is detrimental to the interests of the child. While this form of artificial insemination may be fine for greyhounds and horses, it is inappropriate for human beings.

How is this child going to feel in later life that his "mothers" prevented him from seeing his father. Please remember that genetics do play a large part in determining one's personality.

You're against IVF treatment?

[White Horse]

This case should remind people that creating children in this way is detrimental to the interests of the child. While this form of artificial insemination may be fine for greyhounds and horses, it is inappropriate for human beings.

How is this child going to feel in later life that his "mothers" prevented him from seeing his father. Please remember that genetics do play a large part in determining one's personality.

You're against IVF treatment?

No.

I have no problems where it involves the sperm of the father and the egg of the mother.

I have reservations about donor eggs/sperm, but am willing to accept it if the donor is anonymous.

However, this case invloves a known donor who was to play a part in the child's life. I think that situation is weird and impossible for the child to come to terms with. The fact that the male donor changed his mind and the lesbian couple reacted as they did supports this view.