Next to these words is the signature of Dr. L., who treated the defendant during the fertilization process, and below is the word "signed" surrounded by a circle.
The manager of the sperm bank, Dr. D., testified that this was an explicit instruction by the defendant, when the word surrounded by the circle is apparently the word "signed", meaning that the defendant signed the order from the sperm bank. He also testified that this is relevant to the matter of genetic testing, since in principle no woman has the right to give instructions to another woman regarding the identity of the sperm donor (p. 82 of the transcript).
On the merits of the matter, the very fact thatthe defendant informed the sperm bank that she was not interested in allowing the plaintiff to be fertilized by the same sperm donor, is capable ofraising a great deal of doubt regarding the joint question of how much she is a woman.
- On the same day, the defendant signed another document (Exhibit 4, p. 81 of the plaintiff's exhibits file), which also indicates completely separate conduct. This is a document entitled:
"Consent Form: Artificial Insemination with Sperm of a Donor to a Woman Available" (Appendix E2)
The director of the sperm bank testified that this is a standard form created in accordance with the Ministry of Health's procedures, intended for a woman who is intended to carry the pregnancy and is not married, and that it does not indicate the intention of the spouses, one way or the other (p. 85 of the transcript).
With regard to the claim of the Apotheon regarding Section 23 of the Sperm Bank Procedure, we are dealing with the Ministry of Health's instructions of 8 November 2007 (Procedure No. 20/07) which deal with "Rules Regarding the Management of a Sperm Bank and Guidelines for Performing Artificial Insemination" entitled "Consent of Spouses", which is as follows:
- "In the case of artificial insemination with the sperm of a donor, it is necessary to obtain the written consent of the woman and her spouse to perform the artificial insemination, as well as a declaration by the spouse that the child to be born will be considered for all intents and purposes as if he were his natural child, including in the matter of alimony and inheritance, and will bear his last name. The consent will be given on a form as explicitly stated in Appendix E.
- In the case of artificial insemination in an unmarried woman, it is necessary to obtain the woman's consent. A schema will be provided on a form as detailed in Appendix E.
- The donated spouse or woman will report to the sperm bank that she has achieved a pregnancy and childbirth."
The position of the Apotheon that if the two parties had indeed wished that the fertilization would be considered a joint process, they could have requested that section 23(a) of the procedure suitable for spouses be applied to themselves (despite the fact that this is not required by reality) is logical and it is possible that the spouses could have established their status regarding joint parenthood by signing this document.