The fertility doctor raised his eyebrows as three people walked into his office.
There was Derek, Danielle and Carole.
The doctor pointed to Derek and Carole. “So, are you two the couple looking to get pregnant?”
“Oh no!” Derek and Carole laughed.
The doctor pointed to Derek and Danielle. “Then it’s you two!”
“Well, not exactly...” Danielle put her arm around Carole. “We’re the happy couple, doctor. We got married last year. And now we want to have children. I’ll have the baby...” “…and I’m the sperm donor,” Derek explained.
Danielle corrected him. “Actually, he’ll be the dad.”
“Gee…well, I’d certainly love to be involved.” Derek had a tear in his eye.
The doctor scratched his beard. “Things sure have changed since I started practicing medicine 25 years ago.”
A year later, the trio welcomed their newborn into the world.
Derek cheered, “We sure made an adorable baby, Danielle.”
“Hey…what about me?” Carole felt left out.
“You’re little Liam’s second mother,” Danielle said.
“I always thought having one mother was more than enough,” Derek joked.
A few months later, Danielle was feeling overwhelmed. Liam was colicky. And Carole was working late. Every night.
Danielle called Derek in despair. “I feel like a single parent.”
“I’m always here,” Derek offered.
“Really? Because I could sure use some help tonight.”
Derek took Liam for the night to give Danielle a break.
When Carole came home, she exploded. “You just handed Liam over to Derek? Is he the parent or am I?”
“He’s certainly around more often.” Danielle pounced back.
The couple split up shortly after.
“Where does that leave me?” Derek worried. “I’m attached to Liam.”
“You’ll visit him, of course!” Danielle assured him. “Better you than Carole. She doesn’t even care about him.”
Carole was furious. “You want the sperm donor to have visitation rights? We’ll see what the Judge says.”
IN THE COURTROOM
“I’m the father,” Derek argued. “I deserve visitation rights. I’ve already worked out custody sharing agreements with Danielle.”
“He’s right,” said Danielle. “My son has formed a loving bond with Derek. Liam needs his father more than a second mother.”
Carole interrupted. “I’m on the birth certificate! Danielle and I were married. She’s encouraging Liam’s bond with Derek in order to undermine my role as parent. Don’t let Derek visit Liam.”
Should Derek have visitation rights? You Be The Judge. Then look below for the decision.
THE DECISION
“Derek can visit Liam 3 times a week,” held the Judge, “even though he has yet to be officially named the father and despite the fact that Danielle and Carole are on the birth certificate. Derek has a strong connection with the child that cannot be overlooked.”
Today’s column is based on a case from Quebec. The characters and the scenarios are fictional. Any resemblance to real people is purely coincidental. The information in this column does not constitute legal advice. If you have a similar problem, consult a lawyer in your province. Elissa Bernstein is a lawyer and syndicated columnist. Copyright 1994-2019
