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German doctors to support children conceived with 'stolen sperm'

30 April 2012

By Jessica Ware

Appeared in BioNews 654

Two German gynaecologists will have to pay child support for twins after they artificially inseminated the mother without obtaining the father's permission to use his sperm, which he had asked to be destroyed two years earlier.

The twins, a boy and a girl, were born in November 2007 in Dortmund, western Germany. The father took the doctors to court after he found out about the pregnancy, describing the events as 'semen theft'.

The 40-year-old packaging designer agreed to have his sperm frozen in 2004 when the couple were still together. He signed a contract that allowed it to be kept in the clinic for a year.

But the sample was not destroyed and instead was used to inseminate the woman despite the fact that her relationship with the father had 'essentially come to an end', the man told the judge. 'At that time I had no wish to have children', he added.

'It was agreed that the sample would be destroyed after a year', Judge Gisela Kothe-Pawel outlined in the case notes. 'We are convinced that the man had no idea that it was going to be used at this point for an artificial insemination procedure'.

He could not explain in court as to why his former partner had gone ahead with the procedure, and added that he had only seen his two children, who are now five years old, once since they were born.

The doctors explained in court that as they had only ever had patients who were fulfilling an often long unfulfilled dream to have children, they had never thought such a problem could arise. If they want to appeal the regional court ruling, they will have to take the case to the national Federal Court.

The pair now have to pay the legal minimum amount of child support until the twins turn 18.

The Local | 20 April 2012


11 February 2013 - by Jessica Ware 
A regional appeals court in Hamm, Germany has ruled that a 22-year-old woman conceived via an anonymous sperm donor has a legal right to find out the identity of her biological father...
21 January 2013 - by Cait McDonagh 
A man has been ordered to pay child support to his ex-wife for two children conceived through a sperm donor and born during the marriage....
01 October 2012 - by Tom Barrow 
The ex-wife of an Emirati man used his sperm to conceive a child without his knowledge or consent, the Abu Dhabi Appeals Court has heard...

23 April 2012 - by Rosemary Paxman 
Ed Houben, a 42-year-old Dutch man has fathered at least 82 children by private sperm donation, mostly by having sex with his clients, news sources report...
16 April 2012 - by Cait McDonagh 
A British scientist who ran a fertility clinic in London from the mid-1940s to the mid-1960s, used his own sperm and may have fathered hundreds of children, it has been claimed...
28 November 2011 - by Julianna Photopoulos 
Another blunder at IVF Wales in Cardiff destroyed a batch of 'exceptional' eggs only hours after they were donated, leaving a couple devastated...
26 March 2007 - by MacKenna Roberts 
New York State Supreme Court Justice Sheila Abdus-Salaam has allowed Thomas and Nancy Andrews to pursue unspecified damages for parts of their claim that in 2004, the fertility clinic Medical Services for Reproductive Medicine negligently used an unknown donor's sperm to fertilise Mrs Andrews's eggs, denying Mr...
25 August 2003 - by BioNews 
A UK newspaper has reported that a 13-year old boy has grown up thinking the wrong man was his father after an IVF mix-up. The Sun reports that sperm from the wrong man was used during his mother's fertility treatment at the private Wellington Hospital clinic in London in...

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