01 October 2012
ByAppeared in BioNews 675
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.
The Russian woman allegedly forged her husband's signature in order to undergo IVF using his sperm at a fertility clinic shortly before their divorce. Several months later, the woman told a friend what she had done and this person passed the news on to the man.
She filed a lawsuit soon after giving birth in order to register her former husband as the legal father of the child. As the couple had been married at the time of conception and the Emirati man had given consent to fertility treatment during this period, the Court of First Instance ruled in her favour, exonerating the Russian woman of any personal wrongdoing.
The man accepted paternity and told the court: 'I love the baby [...] she is my true blood and I am taking good care of her'. But despite this acknowledgement, the unnamed man is appealing the decision of the Court of First Instance.
'I am angry it was done without my knowledge', he said. 'I want justice. This is not acceptable'. The man intends to sue his ex-wife on the basis that he did not consent to his sperm being used for her insemination, and is using the allegedly forged forms as evidence.
The man further contends that his ex-wife, who is currently caring for the child, 'just wants to stay in the UAE [United Arab Emirates] and get benefits'.
Commenting on what he had heard so far, Judge Khairi al Kabbashsaid: 'Since you have been so noble so far and accepted your daughter and registered her under your name, why don't you continue with your generosity and big heart and accept the situation?' He went on to tell the claimant: 'You are an amazing man - I can understand why she could not let go of you'.
During their marriage, the couple had twice received fertility treatment in the UAE, but both attempts to conceive were unsuccessful. This put a strain on their relationship. The woman later visited Russia for further treatment but this also failed to result in pregnancy. It was only on her return to the UAE, when she returned to the first clinic, that she became pregnant.
The case has been adjourned until 7 November.