TMZ.com reports that actor Jason Patric has just been shut down by a judge in his bid to win paternity and custody rights over his son. Patric and his ex-girlfriend dated for two years before breaking up in 2009. As a consolation prize, Patric gave the ex his sperm, provided he would have no obligation to raise or financially support the child. With the help of a doctor, the ex was artificially inseminated and a child was born in December, 2009. In 2011, Patric decided he wanted custody and sued. The California judge determined that if a man donates his sperm to a woman to whom he is not married and she’s inseminated with the help of a doctor, the man has no paternity rights or claim of custody.
Similarly, NRS 126.061(2) dictates that “the donor of semen provided to a licensed physician for use in artificial insemination” of a married woman, who is not married to the donor, the donor is not looked at as the natural father of the child.
This mirrors the California law, but what if the woman is not married, like the situation with Patric’s ex? This would seem to be a case of first impression for Nevada courts, as there is no case law on point. It is likely, though, that a Family Court Judge would interpret this statute as the California courts did.
While I understand that Patric probably fell in love with the child once he met him, he made a deal with the mother, and he has to live with that deal. California and Nevada courts (unlike New York, for example) do not delve into whether giving the sperm donor rights is in the child’s best interest. They just uphold the contract between the parties.
Nearly any person (the mother, the purported father, the child, or an “interested third party” may bring an action to establish paternity pursuant to Chapter 126 of the Nevada Revised Statutes (NRS 126.071). Said action must be brought within three (3) years of the child’s birth.
Read the TMZ article about Jason Patric here: http://www.tmz.com/page/2/
Divorce in Las Vegas 