Judge rules against man in sperm mix-up

Judge rules against man in sperm mix-up

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Story Published: Apr 17, 2007 at 10:05 AM PDT

Story Updated: Apr 14, 2009 at 3:30 PM PDT

By Associated Press

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PORTLAND, Ore. (AP) - A man whose sperm was mistakenly given to a Marion County woman by a fertility clinic has no right to find out if he is a father, a judge has ruled.

A Portland man known in court documents as M.H. said that he produced a sperm sample at Oregon Health & Science University's fertility clinic in September 2005 to impregnate his fiancee. But clinic workers gave his sperm sample to a Marion County woman.

Circuit Judge Henry Kantor heard the case nearly seven months ago. In a letter dated April 13, he told the parties of his decision, although he had not written it yet.

M.H. has filed two lawsuits: one to establish whether he is the father of a child and another against OHSU for $2 million for emotional distress.

In court documents, lawyers for M.H. argue that he did not give up his constitutional right to be a parent because the fertility clinic gave his sperm to the wrong woman. Jane Paulson, an attorney for M.H., has said there is a wide assumption that a child was born, but the couple had not acknowledged that in court documents.

Michael G. Smith, the attorney for the Marion County couple, has argued that under Oregon law, a husband is the legal father of a child born after he agrees to have his wife artificially inseminated. The couple has said they don't want financial assistance but only to be left alone.

M.H. claims that OHSU officials initially lied about what happened to his sample, saying it had been dropped. The woman claimed that clinic workers coerced her into taking the morning-after pill and then offered her a free abortion.

OHSU spokeswoman Tamara Hargens repeated the institution's apology Monday: "We're deeply sorry for the situation." But, she said, privacy laws prevent OHSU from commenting on the circumstances of the mix-up. (Copyright 2007 by The Associated Press. All Rights Reserved.)

(Copyright 2007 by The Associated Press. All Rights Reserved.)

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