Vivien Killilea / Getty
An Oregon developer and art patron has been declared the sole parent of a boy who was conceived from his ex-girlfriend’s sperm and donated eggs – which deprives her of all rights to the child.
A ruling by the state appeals court overturned a lower court ruling that both Jordan Schnitzer, 70, and Cory Sause, 42, had parental rights to the five-year-old.
The 2: 1 appellate report stated that Sause gave up any claim to male embryos when she agreed to donate her egg cells to help Schnitzer, who already had two daughters, father a son.
While Schnitzer’s attorney hailed the verdict as a victory for anyone raising a family using assisted reproductive technology, Sause planned to see the child possibly for the last time.
“I can’t even describe how he didn’t call me ‘Mama’ or don’t know when I’ll see him again,” she told the Oregonian. “My heart breaks for him.”
Connecticut Court rules wife can destroy embryos Ex-husband wanted to donate
According to court records, Schnitzer, whose name is in several art museums, tried to father a son using his sperm and an anonymous egg donor, but the proceedings failed.
While he was with Sause, she decided to have her own eggs removed – and then discussed the possibility of giving them to Schnitzer; all male embryos would be his and all female embryos would be hers.
However, in vitro fertilization only produced male embryos, and Schnitzer used a surrogate mother to father his son. At the time of the birth, the couple had separated and Sause claimed that she was only allowed to see the baby once that day.
She went to court to be legally recognized as his mother.
“Sause testified about her conversations with Schnitzer and admitted that he had made it clear that he wanted to have sole custody and raise the child,” wrote the appellate judge.
“However, Sause stated that while it was clear that the child would not live with her, it had never occurred to her that she would not be known as the child’s mother. Rather, she understood that she would be actively involved and that Schnitzer welcomed the thought of her as part of the child’s life. She told him that she would not require any financial payments from him and would give him custody. “
The story goes on
In the decision in favor of Schnitzer, the court majority wrote: “We agree with the trial court that although genetics establish a connection to the child that a biological stranger does not have, the genetic connection of Sause alone does not confer parental rights. However, we do not believe that Sause has provided the additional evidence required to acquire these rights. “
However, the dissenting judge believed that Sase had taken the trouble to show that she wanted to be more than just an egg donor.
“Sause ‘made plans for a nursery in her house expecting to play host parenting’ and texted Schnitzer that she had told the painter that her ‘heart (sic) was on boys’ when the painter was hers Choice of blue walls commented for kindergarten, ”wrote the judge.
“Schnitzer asked Sause if she would be ‘ready for a baby’ when she was overseeing a friend’s child, and he told her, ‘You always deny your maternal instincts … this is our baby,’ when Sause was surprised she was expressing ‘[could]Don’t stop thinking about cribs. ‘”
Schnitzer’s attorney Laurel Hook told The Oregonian that the court’s ruling “removes any doubts for thousands of individuals and couples who have used artificial insemination to achieve their dreams of having a child.
“The 46-page verdict states that Cory Sause was never a mother. This complies with the current Oregon law that egg donors and sperm donors are not mothers and fathers. “
Sause said a Schnitzer representative told her that he cut her off from all contact with the child – which she does not accept.
“It just seems so cruel,” she told the newspaper. “How broken our system of attaching and removing ties is … He will never lose me, and I will never stop struggling to see him.”
Read more at The Daily Beast.
Get our top stories to your inbox every day. Join Now!
Daily Beast Membership: Beast Inside delves deeper into the stories that matter to you. Learn more.
Comments are closed.