Thursday, December 10, 2009

For the mixed-up annals of gay rights.

"The Irish Supreme Court has ruled that a gay man who donated his sperm to a lesbian couple should be permitted to see his 3-year-old son regularly — in part because Ireland's constitution doesn't recognize the lesbians as a valid family unit."

UPDATE: Details here:
The case arose out of a situation where the lesbian couple, who were in a long-term committed relationship, decided they wanted to have a child with the aid of a sperm donor. They decided it would be better for the child if the sperm donor was known to them and the child, and had a relationship with the child, who would know this was his or her biological father.

They drew up an agreement with the father, in this case specifying the nature of the relationship between him and the child, including the fact that the couple would parent the child, while he would occupy the role of “favourite uncle”. He would have no financial or other obligations towards the child, and his contact with the child would be by agreement with the couple.

When the child, a boy, was born, the father wanted more involvement than the couple felt appropriate and after a number of fraught meetings, relations between the father and the couple broke down.

They decided to visit Australia for a year and he took legal proceedings to prevent this, along with proceedings seeking guardianship and access to the child. He lost in the High Court and appealed to the Supreme Court, where he won the right of access, though not guardianship.

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