lordpasternack wrote:Coito ergo sum wrote:
Well, yeah - gamete donation means you put your sperm in a sperm bank and anyone utilizing that sperm and making a baby out of it is agreeing to be legally responsible for the baby.
Gamete donation covers both eggs and sperm, Coito. And I know that there are legal hurdles that are addressed at the outset that wash the hands of the donor clean, and very often have their identities strictly undisclosed, except in exceptional circumstances to the accepting parent(s), and in some places to the donor child(ren) after they reach a certain age (18 in the UK).
I was specifically asking you, though, if donees are specifically vetted prior to accepting sperm or eggs to ensure that the child will be born into congenial circumstances - if similar restrictions are put over users of donated gametes as users of surrogates/gestational carriers.
My understanding is that you need to fill out an application and be vetted in some way before they will sell you the gametes, but the law varies from jurisdiction to jurisdiction.
One thing interesting is that sperm donation can be risky depending on jurisdiction - a man who donated sperm was held financially liable for a child born of his sperm from a sperm back when a lesbian couple split up. Now, that kind of shit ain't right - they need to settle the law on that and make a clear statute or ruling on whether someone can be held liable and why. That was in Ireland. It's actually apparently happening more and more.
lordpasternack wrote:
You haven't addressed that, and seem to be saying that if a single woman succeeds in attaining a sperm donation and either isn't in the best circumstances for child-rearing, or falls on hard times after the birth of a resultant child, then it's just her responsibility and just tough shit for both her and the child for her having made that choice in her life.
I thought I addressed what you asked. Hopefully, I have by now. One of the ways I originally addressed it is by stating that gamete donation pursuant to a set of statutes covering gamete donation - which is supposed to be an essentially anonymous process whereby fertlie men or women make their gametes available for others who need them to use. So, there is a lot of necessary consideration going on long before someone gets pregnant in that manner. It's a different factual situation than consensual sex resulting in pregnancy. I also pointed out above that I think when donees buy sperm or eggs from a sperm bank, they have to apply and meet legal requirements, and they have to agree to be responsible for the resulting child as if it was their own biological child. I believe they are essentially "adopting" the child in advance.
In any case, if a single woman succeeds in becoming pregnant, then I think it's her responsibility, and I think it's the father's responsibility to pay child support to raise the child. It's certainly nobody else's responsibility. So, if a man falls on hard times and can't support his child, it's still his responsibility. If a mother and father together fall on hard times, then it's still their responsibility, and so a single mother is no different.
We all make choices in life. Why should a single mother's choices not be impacted by economic circumstances any more than a childless couple's choices? If I choose to buy a house, and then I fall on economic hard times and is it just tough shit for me that I can't afford to pay for it anymore? Should it be?
lordpasternack wrote:
You also still haven't addressed the fact that there are scenarios directly qualitatively, though not currently legally, comparable to ejaculating into a cup - or otherwise not actually having vaginal intercourse with a female, where the semen is later deliberately used…
I have addressed that in quite a lot of detail - if you'll see my post up above where I discussed the case of Louisiana v Frisard in which a woman inseminated herself without a guy's knowledge by blowing him and having him cum into the rubber and then using medical equipment to insert it into herself.
I think that where that happened, the woman ought to face serious consequences, perhaps criminal fraud punishment or even a lawsuit from the man for fraud. But, in the end, if a baby is born, whose responsibility is it to provide support? Wouldn't the child still be looking for daddy? Is it the child's fault that mommy was a dingbat fraudster?
lordpasternack wrote:
And now we skip just a little text:-
The thing is, once there is a baby, there is a baby. From the standpoint of those not getting the chance at an orgasm out of the deal, the people that should support that baby are its parents. If one parent is around, and just wants to disclaim liability post fertilization, it doesn't seem to me to be any of the rest of our concern. If there is no issue with support, then none of the rest of us will know. If, however, the child needs support and the State or the mother sues for paternity, then if the alleged father is actually the father than whatever agreement he had with the mother ought not to strip the child of the right to support from the father.
lordpasternack wrote:
HELLO glaring inconsitency!
You'll have to specify what's inconsistent. I'm actually not even sure that we disagree. I didn't think we did. What are we actually disagreeing on?
lordpasternack wrote:
[The mother] is legally obligated. Whether she fulfills that obligation, or whether she is caught and forced to fulfill that obligation is a entirely different matter (just like when a father is legally obligated to pay child support, but many don't and get away with it).
Oh - that's not an inconsistency. The mother is legally obligated, yes. That doesn't mean the father is not also legally obligated. They both are.
coito ergo sum wrote:
If the infant was legally adopted, then the mother is shit out of luck, generally speaking.
lordpasternack wrote:
The second sentence there makes no sense if you're presuming the mother wanted to instantly absolve herself of the situation, and came out after publicised adoption specifically because she would now presumably be fully absolved of parental obligation - which is what I was meaning! In such a case, it would be mission successful, not shit out of luck.
Maybe so - but if other parents who want the child have legally adopted the child. They would have filled out applications and been reviewed to see that they can support a child at least minimally. So, they won't want to give the child back anyway. So, that's no different than when a mother openly puts her child up for adoption and someone adopts it. Mission successful. Awesome for them, and the kid is taken care of, hopefully. At least, someone is on the hook for it.