End of legal wrangle involving lesbian parents, private sperm donor and surrogate mother

The High Court has awarded a
lesbian couple sole custody rights for a child conceived using donor sperm and
a surrogate's egg after a three-year battle over parenthood.

The couple, who are both infertile,
are friends with the surrogate and she made no claim for the child. However the
sperm donor, given the pseudonym of 'Michael' by the Sunday Times, made a claim
for legal parenthood.

'Ann', the wife of the sperm
donor, had initially agreed for her husband to donate his sperm, but then became
distressed by the news that a child had been conceived. When the child was born
dispute over legal parenthood began which pitted Ann and Michael against the
commissioning couple.

In the UK sperm donors who donate
to licensed sperm banks remain anonymous until the donor-conceived child has turned eighteen, when they can be contacted at the child's request. However, Michael wished to
be known to the child and donated privately.

The judgment ends a protracted
legal dispute and the Sunday Times focuses on Ann who was 'traumatised' by the
entire affair and fears she may never recover. She believes that the wives of
sperm donors should receive counselling before their husbands donate sperm, as
'no one ever thinks of the wives of the men who donate and the pain they go
through'. Her comments echo a recent claim by a woman who believes that her
husband should require 'spousal consent' to donate his gametes (reported in
BioNews 671).

Ann says that the experience was not eased by the 'selfish' determination of the lesbian couple to have a child at
any cost. Michael told the Sunday Times that for his wife, his
fathering a child must be 'like coping with me being unfaithful'.

David Josiah-Lake, a solicitor with a family law
firm, told the newspaper that couples need to be aware of legal implications
before donating gametes. 'You must always speak to a family lawyer because [the
creation of a child] is complex', he said.