Last September, a man and his girlfriend visited Oregon Health & Science University's fertility clinic in the hope that he could donate sperm that could make her pregnant. Staff told him they had dropped the sample and asked for another one. He manfully produced another. (What about the refractory period??)
But what really happened is they had put the sperm into a woman who was there with her husband to use anonymously donated sperm. Shortly afterward, OHSU contacted the woman to inform her of the mix-up. When Jane Doe came in, she says workers prevented her from leaving until she swallowed a morning after pill under the eye of a nurse. They also supposedly offered her a free abortion, in case she became pregnant, and two free artificial inseminations, in case she did not. (Talk about covering your bases!)
A few months later, the clinic contacted the donee and told him what had happened. Now he has two lawsuits: one to establish whether he is the father of a child and the other to get $2 million from OHSU for emotional distress.
Meanwhile, the Jane Does in her court documents does not admit that she has had a child, but she alleges that the man is suing for the test to establish paternal rights, win custody and revoke her husband's status as the father.
Sounds to me like she did have a kid.
You would need to be Solomon to sort this out. Her privacy rights. His genetic rights.
Arthur Caplan, the bioethecist, said the clinic should have immediately told the man about the mix-up. "Having someone reproduce without (his) permission is a pretty serious moral problem," he said. But Jane Doe should not have been offered an abortion, Caplan said. "Women in America are well aware of the possibility of ending a pregnancy. If they want to know about it, you respond to it," he said. "You don't promote those sort of things."
Meanwhile, OHSU is hunkering down and refusing to comment.