Should a Sperm Donor Share Custody?

She never would have agreed to let him be the donor if she had known he was going to expect to be active in parenting. Had he known she didn’t want him involved, he never would have done it. Who won the case? You be the judge.

By Vicki Glembokci
Also published in Reader's Digest Magazine April 2010

Dad looking at babyStockbyte/Thinkstock

The Verdict:

Ten months later, the Kansas Supreme Court ruled four to two: The statute is constitutional, a landmark opinion, since it was the first time any court had ruled on that statute. Still, Hendrix kept pushing, filing a petition with the U.S. Supreme Court in March 2008. The Court decided not to hear the appeal. In the end, the Kansas Supreme Court ruling stands. Harrington, as she maintains was her intention all along, is a single parent of twins who turn five this May. Hendrix has only one consolation. Someday, he says, when the twins search the Internet for information about their birth father, “they’ll find the documents and know that I fought and fought for them.”

You be the judge!

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Tell us what you think in the comments.

  • Your Comments

    • jhg6

      ALWAYS get agreements in WRITING! Harrington should not have given his sperm away without a written agreement. Maybe he should try to have some children with someone else before he gets too old. Then he can enjoy raising his children. He was a fool to agree to whatever it was he supposedly agreed to orally.

    • Sultry_Clue

      It’s sad. We have a society full of deadbeat fathers, and we push and push for them to take responsibility (financial being the only legal responsibility we really can MAKE them take, and even then it doesn’t always work out). Here we have a guy who has been fighting for years to see and know and love twins he is sure he fathered, and he is continually denied.
      I feel sorry for him, and as a woman I tip my hat to all loving fathers. I also offer this piece of advice: ALWAYS get agreements in WRITING!

    • Emily

      Harrington signed as a DONOR not as a father. Apparently he didn’t understand that a donor means you give someone something and don’t expect anything back. He shouldn’t get custody because he didn’t offer moral or financial support during the pregnancy. If you say that she never asked for anything during the pregnancy that doesn’t mean she didn’t want anything.

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