Man Makes ‘Sperm Donor’ Defense In Court To Avoid Paying Maintenance For His Twins

Man Makes ‘Sperm Donor’ Defense In Court To Avoid Paying Maintenance For His Twins

The dispute arose when the mother of twins conceived through artificial fertilisation sought increased financial support from the children’s father. The respondent, a seasoned legal professional, countered with an extraordinary claim that he had only participated as a gamete donor under a supposed agreement that absolved him of parental duties.

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Acting Judge Ceri von Ludwig presided over the emotionally charged case, which raised important questions about parental responsibility in assisted reproduction scenarios.

Court’s Scrutiny of the Alleged Donor Agreement

Forensic examination of the facts revealed critical flaws in the father’s argument. There was no written documentation to support the alleged donor agreement.

The parties maintained an ongoing personal relationship, and financial support had been consistently provided since birth. Also, regular contact between father and children was established.

Judgment Highlights Children’s Best Interests

In her decisive ruling, Judge von Ludwig emphasised that South African law places children’s welfare above all other considerations. The judgment noted that the Children’s Act prioritises explicitly a child’s right to financial support and emotional connection with both parents.

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“Parental responsibility cannot be conveniently waived when it becomes financially inconvenient. The children’s needs must remain the paramount consideration in all such matters,” the judgment stated.