Though conceived via a sperm bank and not married, actor Jason Patric is pursuing his rights as a father for a child that his ex-girlfriend conceived, refers to him as "Dada" and he spends time with, as reported by the Courthouse News Service.
In a somewhat convoluted case Patric, referred to as Jason P. in court documents but named in the press, petitioned a California appeals court asking to establish a parental relationship with the child his ex-girlfriend, D.S., gave birth to in 2009.
The court has ruled that presumed-father status might be available to Patric.
Patric and D.S. lived together unmarried for several years. During that time, starting in 2006, they had been unsuccessful in having a baby. In 2008 the pair broke up, with Patric giving D.S. his permission to use his semen – from a deposit he had made into a sperm bank – to pursue birth on her own.
The pair both signed informed consent papers prior to the in vitro fertilization procedure. D.S. wrote Patric's name in as the "intended parent", as well as her own, though at the time he had stated he was not ready to parent a child.
D.S. successfully conceived and gave birth to a baby boy in 2009. The couple renewed their relationship again, and then broke up again in 2012.
In his petition Patric told the court that the D.S. called him "Dada" in front of their son, the boy had been flown to New York many times when Patric was working there and the two communicated via Skype.
However, a Los Angeles County judge had dismissed Patric's petition, mainly basing his decision on the fact that Patric and D.S. had never been married.
In the appeal Judge T.W. Jr. wrote, "…Suppose an unmarried couple that had tried unsuccessfully to conceive a child naturally, finally were able to conceive through assisted reproduction. They then got married, after conception but before the birth of the child, and raised the child together. After several years, they divorced and the mother sought child support because she could not afford to care for the child on her own. Under (D.S.'s) interpretation of the sperm donor law, the mother's ex-husband would have no obligation to support the child because he was a sperm donor and could not be found to be the child's presumed father, despite having been married to the mother at the time of the child's birth and having raised the child as his own. The Legislature could not have intended this result."
Judge T.W. Jr. added, "Parentage law requires a familial relationship. To qualify as a presumed parent, the presumed parent must show that he or she 'receives the child into his or her home and openly holds out the child as his or her natural child.' A mother wishing to retain her sole right to parent her child conceived through assisted reproduction can limit the kind of contact she allows the sperm donor to have with her child to ensure that the relationship does not rise to the level of presumed parent and child."
If you are fighting for your parental rights contact a family law attorney. Raising your child is a right not to be treated lightly.