South African sperm donor fights for access to his child
In what is a South African legal first, says Lester Kiewit, a sperm donor will approach the Gauteng High Court this week for him to have access to the child, conceived with his sperm.
He donated sperm to a same sex-couple who have now decided, they don't want the sperm donor in their life, despite him having been allowed access to the child for the last four years.
The man and his mother are now approaching the Gauteng High Court, says Lester.
In the court papers the donor admits that while having signed legal documents giving the same-sex couple full custody of the child, he did not realise the psychological impact it would have on him.
Maushami Chetty, CEO at Aarya Legal, talks to Lester about the case.
The court must always apply what is in the best interest of the child emphasises Chetty.
When it comes to any matter that deals with children, in terms of our common law as well as our Children's Act, the court is appointed the upper guardian of children, which means the court has a stronger say over the rights of the child than the biological parents or the guardians.Maushami Chetty, CEO - Aarya Legal
This will always be determined on a case-by-case basis she says and the law makes many provisions for the Family Advocate to undertake the necessary investigations to inform the court.
Does the law cover issues around the example now being addressed in this case?
I don't think South African law has developed to cover all of these options - and people enter into what is known as known or unknown sperm donor agreements.Maushami Chetty, CEO - Aarya Legal
It is not quite certain what the position of such an agreement is in our law.Maushami Chetty, CEO - Aarya Legal
We always assess agreements in terms of what is called the bones mores [good morals] of society.Maushami Chetty, CEO - Aarya Legal
She says there is a case precedent where a sperm donor can apply for visitation to the child.
Listen to the interview in the audio below:
Source : https://previews.123rf.com/images/andreypopov/andreypopov2002/andreypopov200200769/140753641-doctor-hand-in-rubber-gloves-holding-sperm-donor-container.jpg
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