In Virginia, there is a law that was created to ensure sperm and egg donors do not bother parents that have successfully used their donations to have a child. Recently, this law was a part of a man's child custody case. It had his parental rights stripped from him.
The man, a Virginia lawyer, and his girlfriend were living together for four years before the birth of their child. After unsuccessful attempts, the couple decided to use in vitro fertilization. With the help of science, the couple was able to have a child in July 2009 but remained unmarried.
The two signed custody and visitation agreements in preparation for a split if one ever occurred. On top of this, a paternity acknowledgement was made official and the man's name was on the birth certificate of the child.
Four months after the child was born, the couple separated. The mother later decided, after several months of visitation by the father, she no longer wanted the man in her or her daughter's life. That's when the Virginia lawyer headed to court to enact his parental rights.
The mother's lawyers used a law that was designed for anonymous sperm and egg donors -- not fathers who have been officially acknowledged -- to have the man's rights removed. According to the law, sperm donors have no rights to a child unless they are married to the mother. Since the couple opted for in vitro fertilization and was not married, the presiding judge agreed with the mother and her attorneys.
However, a Virginia Court of Appeals overturned that decision in December. According to the appeals board, the ruling which was made in a Virginia Beach Circuit Court was ridiculous because it did not take into account the original intent of the donor law: to keep infertile married couples from being pestered with parentage claims from anonymous donors.
It has been 16 months since the man last saw his daughter. Hopefully, with the appeals decision, the two will be reunited soon.
Source: The Virginian-Pilot, "Laws shouldn't be used to keep away good dads who care," Kerry Dougherty, Jan. 8, 2012






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