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191 records · Page 11Linked to original sources
PubMed1987

Judgment, 21 September 1987.

The plaintiff, an unmarried man, sought an order annulling his recognition of the paternity of a child born through artificial insemination of his live-in lover with the semen of an anonymous donor. The Court allowed the order even though the plaintiff had agreed to the insemination, on the grounds that it was incontestable that the husband was not the biological father of the child. Nonetheless, it ordered the plaintiff to pay 100,000 francs in damages to the child.

Behavior↗
PubMed1987

Judgment, 22 July 1987.

The Court held that a husband who, after intensive advice and warning, signs a waiver of his right to contest the legitimacy of a child born through artificial insemination of his wife with the semen of another man must be held to the waiver. It pointed to the extensive counseling received by the husband, concluding that his behavior constituted exceptional circumstances that were against faith and credit, and it noted the difficulties that would be encountered by the child because it would not know the identity of its father. On this basis, it distinguished its decision from the 1983 judgment of the Federal High Court, which had allowed a husband to contest the paternity of a child born through artificial insemination.

Developed Countries↗
PubMed1987

Judgment, 10 October 1986.

While married to the defendant wife, the plaintiff husband agreed to have a child by artificial insemination of the wife with the semen of another man. After the couple was divorced, the husband brought a successful action to disclaim paternity of the child born as a result of the artificial insemination. He then attempted to have support payments agreed to in the divorce settlement set aside since he was not the father of the child. The Court ruled against him, holding that the child was a third party beneficiary of the contract between the couple to have a child through artificial insemination; as such it was owed an obligation of support by the plaintiff, no matter what the status of the child's paternity.

Behavior↗
PubMed1987

Judgment, 14 December 1987.

The Court held that a "father" has a right to visit a child born to his wife while they were married even if the child was conceived as the result of artificial insemination with the semen of another man. It reasoned that any decision on this issue had to be decided by taking into account the best interests of the child and that the child needed two parents. It noted that a legal motion brought by the child through the mother to have the child declared not to be the off-spring of the "father" had been denied.

Developed Countries↗
PubMed1987

Act of 15 July 1987.

The text of this Act on artificial insemination is as follows: "1. If, under the supervision of a licensed physician and with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated in law as if he were the natural father of a child thereby conceived. The husband's consent must be in writing and signed by him and his wife. The physician shall certify their signatures and the date of the insemination, and file the husband's consent with the bureau, where it shall be kept confidential and in a sealed file. The physician's failure to comply with this section shall not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown. 2. The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if he were not the natural father of a child thereby conceived."

Americas↗
PubMed1987

S.M. v. R.P., 1987.

The Court agreed to issue a declaration of paternity with respect to an unborn child conceived as the result of a surrogate mother contract. The pregnant mother brought the action. She had been artificially inseminated with the sperm of her sister's husband and wanted him to be declared the father of the child. None of the parties to the case contested paternity or custody and the Court deemed it unnecessary to have a blood test performed.

Americas↗