Jason Patric wins right to be a 'father'

Jason Patric--sperm donor and daddy

UPDATE: A California Appellate Court yesterday reversed a lower court which held that as a sperm donor, Jason Patric had no rights concerning his child--even though he was the only father the child had ever known. The Appellate Court sent the case back to the lower court to determine Patric's legal rights, The case is expected to resume at trial where it left off in February, 2013. In this case, common sense and the law converged. The post below was written before the decision, and it trumpets our belief than whenever possible, the rights of the biological parents of a child should be preserved--not only for the father and mother, but also for the health and well-being of the child. 
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Once upon a time fathers were fathers. Most took pride in their offspring and cared for them as well as they could. Yes, some men left their children to go hunting or to war; or because they became enamored with another woman or were scoundrels or drunks; Some fathers had many children with many women. Still fatherhood was a fact and the word "father" did not require a modifier.

Today, thanks to "modern thinking" disavowing the importance of blood ties and technological advances, in addition to real fathers, there are biological fathers, first fathers, adoptive fathers, psychological fathers, and non-father fathers, that is, sperm donors.

Such is the case of Jason Patric, a man whose DNA his son carries but, because Patric got the legal stuff wrong, is in danger of losing all contact with his son. Patric's case is different from that of  Dusten Brown, John Wyatt, Ramsey Shaud, Robert Manzanares and other men who lost their children to adoption. But, like these men, the cause of Patric's lost fatherhood is the treachery of his child's s mother.

Patric, a Hollywood actor, and Danielle Schreiber, the daughter of a prominent lawyer and investor, had been romantically involved but the relationship cooled. They remained friends, however, and when she decided she wanted to be a mother, he offered his sperm.

After the birth of their son Gus, Patric and Schreiber rekindled their romance and moved in together for two years. Patric helped care for his son. The couple broke up in June, 2012 and Patric filed a paternity action for shared custody. For a time he continued to see his son. Then Schreiber began to withhold visits because, according to her lawyer, Schreiber saw Patric as increasingly threatening and hostile. Patric denied he was threatening or hostile.

Schreiber obtained a restraining order and fought Patric's legal action based on a California statue that said a sperm donor is not a legal father unless the parties agree before conception that he will be. Patric and Schreiber had no such agreement even though he signed "intended parent" forms at the sperm-donor clinic. The trial court bought Schreiber's argument, tossed his case out of court, and Patric has appealed.

Hollywood celebrities have lined up for Patric including Mel Gibson, Jon Hamm, Ben Affleck, Matt Damon, Chelsea Handler, Kiefer Sutherland, Nikki Reed, Chris Noth, Sarah Silverman, Chris Rock, and Mark Wahlberg. Patric has created a foundation, Stand Up for Gus, which has raised more than $200,000 to provide legal services to low income clients in similar family-law situations.

William Marotta

Meanwhile out in the heartland, sperm donor William Marotta has been ordered by a Kansas court to pay support for his daughter. Marotta responded to an ad on Craig's List by a lesbian couple for a sperm donor. He gave them three cups of his sperm "gratis" and one of the women gave birth to a daughter in December, 2009. The couple split up and when illness forced the mother to quit work, she went on welfare. The state turned to Marotta for support even though he had an agreement with the couple that he would not be the legal father--and would not be responsible for the child.

Jane

Because a physician did not perform the insemination as required by Kansas law, the court held that the agreement was invalid, and Marotta had to pay support. Marotta is outraged, saying it proves "no good deed goes unpunished." Pundits wail that the decision may mean fewer men will donate sperm. Marotta has met his daughter only once, when he and his wife ran into her and one of her mothers at a carnival. He says he has no intention of being her parent.

FMF hopes that Patric will win his case; another California law allows a man to establish paternity if he takes his child into his home and holds the child out as his natural child. Surely California appellate judges cannot be so blind as not to see Patric's pain in losing his son and the value Patric has to his son.

FMF hopes Marotta loses his appeal. His daughter is not a good deed gone bad but a real human being who needs support. Besides the legalities-- a man should not be able to contract away his fatherhood, treating his child is disposable property, and foisting her support onto the tax payers--Marotta's treatment of his daughter is unconscionable. Think how she will feel in the future when she sees video clips of him expressing his outrage at being forced to support his daughter. A court cannot force Marotta to act like a decent human being, but at least he should be allowed to let her live in poverty if he has the means to support her.

FMF has no problem with single women or lesbian couples having children through sperm donation. However, we believe that the children are entitled to know their fathers and have a relationship with them.

Dan and Rene with daughter Luna

Ideally, single mothers and lesbian couples should expand their family to include their child's father. This is the course that Rose Acre and her partner Maria took. Their eight year old daughter Luna has two dads, Rene who provided half her DNA and his partner Dan, as well as two mothers. "'We like our choice,' Acre told CNN. 'We are undeniably Luna's parents, but there is a special place for the daddies forged by our trust and enriched by her love. She knows where she came from and that the daddies made it happen. and so do we.'"

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SOURCES
Jason Patric Wins Appeal
Does 'Sperm Donor Mean 'Dad'?
Kansas court says sperm donor must pay child support
William Marotta, Kansas Sperm Donor, Fighting Order to Pay Child Support
My daughter's two dads: A different kind of fatherhood

FROM FMF:
Sperm donor children should have the right to their identity
Supreme Court rules against Indian Father, Limits Indian Child Welfare Act
Father's Day 2010: Unmarried fathers who fight for their rights to be a dad

RECOMMENDED READING
Superdads: How Fathers Balance Work and Family in the 21st Century
"The gender revolution has stalled—but not stopped. Read Superdads on a day when, down in the dumps, you think nothing has changed. Kaufman’s fascinating interviews show how the nurturing father ideal has changed men’s lives, making many willing to shift work responsibilities to meet family caregiving needs." -Joan C. Williams, author of Reshaping The Work-Family Debate

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