This article on myfoxdetroit.com shows how an open sperm donation can go bad even when you think you have a iron-clad contract.
A legal battle over parental rights – a lesbian couple is going to court after their sperm donor is fighting for their kids.
They had a contract in California but now that the couple is living in metro Detroit, the deal may not be binding.
“They understand that he is a donor,” said Annette Burgan. “I wanted children and I needed help to bring them into the world.”
Burgan and her partner relied on a donor to make their dreams of becoming parents a reality.
Burgan even allowed the donor to see the children.
“They know him as Stacey,” said Racine Miller, the couple’s attorney. “They know that this is how I was created. This is not my father, by any stretch, I have two mothers.”
After allegations of inappropriate sexual misconduct by one of the children against the donor surfaced, Burgan decided to end the children’s relationship.
But Burgan’s donor is fighting back and wants to be legally classified as the children’s father.
Burgan believes a contract the donor signed, should end his fight.
“The contract was crafted by the Zygen Laboratories, which is a sperm bank in California,” Miller said. “The contract really indicates that on the man’s end, ‘I am donating sperm and am waiving any and all rights as it relates to parentage.'”
But Burgan’s attorney say that contract does not have any weight in the state of Michigan – only California, and that’s why the donor chose to file for custody in Michigan .
“There is nothing in the statutes that says what the status is of a sperm donor,” Miller said. “Or an egg donor, it’s just not there.”
“I think it’s shameful the mother is trying to make these kids fatherless,” said Christopher Drouillard, attorney for the donor, Stacey Teruya.
He says the allegation of inappropriate sexual conduct is a smokescreen.
“That was investigated by Child Protective Service and they made a determination that it was an unsubstantiated allegation,” Drouillard said.
Drouillard said his client is fighting for parental rights because he has concerns about Burgan’s parenting skills and says the kids do know him as daddy, which he says can be seen in a video.
But since Michigan law is silent on donor rights, Drouillard said he will base his argument on the Michigan Paternity Act.
“Because these children were conceived out of wedlock,” he said. “It gives him the right to file for paternity.”
But Miller believes there is a different resolution and wants Michigan to adopt the Uniformed Parentage Act.
“It proves that artificial insemination, sperm donors are not parents,” she said.
Burgan says this ordeal has been devastating on her and her kids and has this advice for anyone wanting to use a donor:
“Be scared, be very afraid,” she said. “Don’t ever think you’re safe.”