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Doctors must pay for 'stolen sperm' babies

The Local · 20 Apr 2012, 07:13

Published: 20 Apr 2012 07:13 GMT+02:00

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The district court in Dortmund ruled on Thursday that the doctors must bear financial responsibility for the five-year-old twins created from the frozen sperm which had been slated for destruction – because they did it without the permission of the father.

The man, who portrayed himself as a victim of his partner’s deceit and likened the use of his sperm to a robbery, said he was relieved by the verdict.

“There was no desire on my part to have children at that time,” the 40-year-old told the court.

He said his relationship with the children’s mother was practically at an end at the time of the insemination, he admitted he could not explain why she had chosen to go through with the procedure.

The man, a packaging designer from Hattingen in North Rhine-Westphalia, had his sperm frozen in 2004. The storage contract was limited to twelve months. The twins were born in November 2007.

Delivering her verdict, Judge Gisela Kothe-Pawel said, “The sperm should have been destroyed after a year. We are satisfied that the complainant did not agree to the use of his sperm for an artificial insemination.”

During the trial, the doctors had explained that they did not expect problems, as they had only previously dealt with people with a longstanding and profound wish to have children.

The court fixed the doctors’ obligatory support payment at the legal minimum, to be paid until the children turn 18. The judge dismissed any further claims. The doctors may appeal the verdict at the Federal Court of Justice.

Story continues below…

The father said he has only seen his children – a boy and a girl – on one brief occasion, and does not know whether the situation will change in the future. Speaking after the verdict, he admitted, “I fear the day that they ask who their father is.”


The Local (news@thelocal.de)

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Your comments about this article

13:49 April 20, 2012 by iseedaftpeople
>The man, who portrayed himself as a victim of his partner¦#39;s deceit and likened the use of his sperm to a robbery, said he was relieved by the verdict.

Just a thought -

since the mother is the key culprit in this case here, why has nobody thought to charge her with fraud regarding her attempt to unjustly put an immense long-term financial burden on the father?

It seems unfair that the doctors who carried out the insemination should have to bear the consequences of a client's underhandedness. Given that this kind of thing has apparently never happened before, they undoubtedly provided their services in good faith...

To me it goes to show that in today's feminist misandric world, women essentially get a free ride, and even if they play dirty and want to screw over a former partner, the system protects them. This father got lucky because he found somebody else to blame. But it's really be the mom who should be put on trial for attempting to ruin her former partner financially.
21:04 April 20, 2012 by Gretl
I find it odd that a man who didn't want children stored his sperm. If he didn't want children, why didn't he control his fertility by having a vasectomy? Sounds like he had the typical German reaction to almost losing his self-centered ways - he sued. The man hass now really won the lottery, his genes will continue in the gene pool with no financial or emotional investment from him. He makes me sick.
22:36 April 20, 2012 by iseedaftpeople

and the woman who used her former partner's sperm against his will to get pregnant (and press alimony charges) somehow doesn't make you sick? How selfish is it of a woman to do something like that, let alone after the relationship had been broken off?

>If he didn't want children, why didn't he control his fertility by having a vasectomy?

By that logic, why doesn't every woman who doesnt want kids have her tubes tied?

We don't know for sure why the man chose to have his sperm frozen. Maybe he was severely ill (some diseases, e.g. cancer, can permanently impair sperm production). But even if he wasn't - he shouldn't have had to worry about his ex-partner possibly using his sperm behind his back to have children and make him pay for them.

It's beyond selfish, because she obviously also didn't spare a thought what it would mean for those two children to be born into a non-existent family with two estranged ex-partners as parents who surely now won't be on better terms ever again.
12:33 April 21, 2012 by bugger
Deceit, lies, cheats, out of wedlock changelings, sole owner of the role of the permanent victim ... it is about time the legal system stops the feminist terror. This court decision is not good enough yet as it hit the wrong person.
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