Father says he never consented to fertilization in Texas
Texas residents who are dealing with child custody matters may be interested to hear of a case involving an allegedly non-consensual in vitro fertilization (IVF). A 36-year-old father says he never gave permission for his ex-girlfriend to use his sperm for fertilization. He alleges that she removed his sperm from the condoms they had used during sex and underwent an IVF procedure in Texas. As a result, two twin boys were born, now aged four years.
The father says that his ex-girlfriend informed him that she was pregnant three months after they had broken up. A DNA paternity test proved that the man was the twins' father, and he began paying $800 per month in child support.
Strangely, in February 2011, the man says he found a receipt for sperm cryopreservation in his mailbox. He called the company that sent the receipt, and the company referred him to the Advanced Fertility Center of Texas. The facility asked the man to sign a medical release form, but afterward he heard nothing back.
Instead, he decided to visit in person. As it turned out, the manager of the clinic said that it was assumed the man and his ex-girlfriend were married, and that was why the IVF procedure was given, and that was why the twins were born. The father says that he and his ex-girlfriend never discussed having children, nor did they discuss IVF.
An unmarried man, according to Texas' Uniform Parentage Act, must give consent for his sperm to be used in an assisted reproduction procedure. The law also states that the unmarried man and woman must sign the necessary paperwork for consent to be final. The man claims that the signature on file at the Texas clinic is forged.
The mother of the twins alleges that the father just wants to get out of paying child support. She also denies taking sperm from his condoms.
At present, the father has joint custody of the twins. He is currently seeking full custody. The case is certainly complicated and will likely take special effort on both the mother's and father's parts to come to a resolution that works for them, as well as for the children.
