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'Couple opened Pandora's Box by inviting sperm donor into the life of child'

15 April 2021 1:29 PM
Tags:
Sperm donation

Sperm donor is fighting for access to his biological child after parents changed their mind, says his attorney Shani van Niekerk.

On Monday Lester Kiewit spoke to a legal expert about a case that is a South African legal first. A sperm donor is approaching the Gauteng High Court this week for him to have access to the child, conceived with his sperm.

RELATED: South African sperm donor fights for access to his child

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.

On Thursday Lester speaks to Shani van Niekerk, the lawyer for the man who is attempting to gain access to his biological child.

Van Niekerk says the matter was heard on Wednesday this week in the High Court before Judge Jody Kollapen.

My client, the sperm donor, donated his gametes to the couple a few years ago.

Shani van Niekerk, Attorney

In terms of the donorship agreement, he did agree that he would not have any rights towards that child.

Shani van Niekerk, Attorney

However, it is the couple that opened Pandora's Box. They invited my client into the life of that minor child. He was there the day after the child was born. He held this child in his arms.

Shani van Niekerk, Attorney

The fact that he has a biological connection to this child cannot be simply ignored.

Shani van Niekerk, Attorney

She says it is important to note that her client did not approach the court based on the fact that he is the sperm donor or biological father, but rather in respect of Section 23 of the Children's Act which states that any party that is an interested party in the care and wellbeing of the child, can approach a court for rights in respect of the child.

In terms of SA law, what you weigh up is the best interests of the minor child.

Shani van Niekerk, Attorney

She says her client just wants to be allowed to have ongoing contact with the child after having had such a relationship already for the first four years.

We hope Judge Kollapen will want to get his judgment out as soon as possible, but when that will be we don't know.

Shani van Niekerk, Attorney

Listen to the interview with attorney Shani van Niekerk in the audio below:




15 April 2021 1:29 PM
Tags:
Sperm donation

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