Ramifications of donating sperm

A woman past the age of consent wants a certain foreign resident to donate sperm to her to have a baby. She cannot become pregnant conventionally and is exploring artificial methods.
What are the legal ramifications of a foreign resident donating his sperm?

Apparently no sperm wants to go down that road. why do you?

Chou

How much is she paying you for it? What criteria for a donor did she want? Could create a few sticky situations.

Isn’t that covered under the Penal Code? Ha ha.

Seriously though, I don’t think your discharge will be legally binding if you lack capacity.

Actually, all kidding aside wolf, that is an interesting question. Of course, no one can give you a definite answer. Even in the US, where the laws are much more certain and legal precedent counts for something (in the US lower courts have to follow the prior decisions of higher courts on similar factual and legal matters; in Taiwan they do not) one cannot easily answer that. My torts professor in law school would often give us a factual scenario and ask “is he liable” or something like that, and he would always answer his own question with “there are no answers, only arguments.” That’s how the law works. Lawyers on both sides can make all kinds of arguments but you don’t know the answer until a judge says X or Y. And even then you don’t necessarily have an answer because the matter might get appealed and a higher judge might say Z. So, people can give their opinions, but to give an intelligent (unlike this one) answer one must listen to all the specific factual details and perform some legal research, and even then its often somewhat of a crapshoot.

No idea on the way the law would view it but surely you could find yourself liable for at least some financial responsibility for the ween, even if the act was committed with a turkey baster?

HG

hey mother I should edit my posts as well.

wolf…so whats the market value of a sperm donation these days?

[quote=“wolf_reinhold”]A woman past the age of consent wants a certain foreign resident to donate sperm to her to have a baby. She cannot become pregnant conventionally and is exploring artificial methods.
What are the legal ramifications of a foreign resident donating his sperm?[/quote]

Wolf, here are some cites that might be helpful… again, the law may have been amended… I can check if you’d like…

[quote=“Civil Code Book IV Family, Chapter III, Parents and Children, Article 1067”]A child born out of wedlock, or the mother, or other statutory agent may claim acknowledgment from the natural father in any of the following cases:

  1. Where paternity can be proved from documents by the natural father;

  2. Where the mother became conceived through rape or seduction by the natural father…

The right to claim provided in the preceding paragraph is extinguished for the child if not exercised within 2 years after reaching the age of majority, or for the mother or statutory agentnif not exercised within 7 years after the child’s birth.[/quote]

I’m fairly certain that this law has been amended… and its apparent that when the above was drafted they were not contemplating donated sperm and laboratory conceptions or artificial insemination… especially by foreign men… And Mother Theresa is quite correct in his statements too.

And you better warn the mother-to-be that she might be saddling herself with a child genetically predisposed to have a penchant for ugly footwear :wink: .

Is there anywhere convenient in Taipei I can go to donate ? Do they have English forms ? How much would they pay for a pint ?

The legal references are interesting and seem to side-step the issue of sperm donation. I assume that this occurs here, so I wonder what the deal is when the “dad” has either no idea who is getting his seed or has no interest in wanting to be a “parent.”
In the situation I mentioned earlier, the man knows the woman and she has selected him (or rather asked him) to provide the seed for her to have a child (assuming that it is medically possible for her).
I am not saying what the man wants, but was interested in how it would work here. I assume that a contract would have to be drawn up with all of the contingencies taken care of.
Richard? Give us your insight here, please.

The Taiwanese speak of legal obligation, and they also speak of moral obligation. Consider this stateless fellow in Taichung for whom I have been handling various legal problems over the last few years. His girlfriend got pregnant, and since they couldn’t get married (he has no legal residency documents. . . . .), so of course she registered the child at the household registration office as “father unknown” . . . . . . thereby the child get’s the mother’s surname.

This seems to be a workable [i]mode of operandi[/i] for the case which wolf reinhold has suggested here . . . . . or is it? What if the mother becomes incapacitated or destitute? Who has to pay for the child’s support then? In wolf reinhold’s scenario, the father is [i] known[/i], is he not?? How will he avoid the [i]moral responsibility[/i] in the event that the natural mother is out of the picture?? This eventuality has to be considered, does it not??

In the case of my stateless friend, obviously this is not a problem. He fully accepts his obligation to care for this “out of wedlock” child, and with the monthly income he generates with his fried chicken and stinky beancurd franchise, of course money is not an issue.

Legally . . . . the sperm donor may be free from liability . . . . . but from another point of view, in the Taiwan sense of “fatherly duty”, . . . . can he be free of moral responsibility?? What if the child turns out to be a musical genius on the cello or something, and the natural mother wants to send the child to New York to study with private teachers . . . . . . she might expect the “natural father” to contribute tuition monies . . . . . might she not??

And when (and if) the “sperm donor father” at that point is happily married, and he pulls out the original legal contract defining their relationship, then the natural mother says "Fine, I will go to Shihmen Dam and jump off . . . . and I will be sure to mail a detailed letter to all the newspapers beforehand . . . . .

Something to think about . . . . . .

Richard Hartzell seems to be intimating that the man donating the sperm would be immoral by ignoring the fact that the offspring of the woman would be carrying his DNA (and thus would have some naturally occuring obligations attached).

It seems to me that the situation is an amoral one.

Just because the man knows the woman does not obligate him to being a “father,” in the traditional sense. If this were the case, and the donor had a moral obligation (and perhaps a financial one ) to whoever recieved his sperm, I doubt that many men, if any, would chose to donate.
Is Richard Hartzell against the concept of sperm donation, or does the situation change fundamentally regarding morality if the donor has met the recipient?

Life is hard, then you die.

I respect what wolf is saying. I am certainly not against sperm donation. What I am against are “unexpected complications.” If the person involved has considered the entire matter in detail, and is satisfied with the legal arrangments . . . . . then that is fine.

Nor do I have any objection to the man and woman involved going on a vacation together . . . . . having sex, and then never seeing each other again. What ever arrangements they want to have is fine with me . . . . . . . but I urge that “unexpected complications” should be fully accounted for.

This was the topic of my original query. What is there in existing law regarding sperm donors?
No doubt, things could get bizarre if the woman wished to make them so.

Sorry, off topic, but, I can’t resist.

She wants a foreigner baby?
Sounds like she wants a puppy! And we know where grown up puppies end up!

What happens when the novelty wears off?

Everyone knows that Chinese/Caucasian babies are much better looking than either pure Chinese or Caucasian ones.
And my understanding is that the woman selected the particular man for his good looks, athletic ability, apparent genetic disposition to live a long and healthy life, and his high intellegence.
Intead of being a misfit, the baby could grow up to rule the world. :wink:

[quote=“wolf_reinhold”]And my understanding is that the woman selected the particular man for his good looks, athletic ability, apparent genetic disposition to live a long and healthy life, and his high intellegence.
[/quote]
And here we all were thinking it was YOU she’d chosen.