The Social Worker for the Child (at p. 8 of the report) noted that this conduct is different from what is customary for same-sex couples who wish to establish their joint parenthood, and then in the absence of a parenting agreement, the purchase of sperm is done jointly, and sometimes we find this or that document in which the matter of the relationship is expressed in writing, unlike in our case.
In practice, the absence of a parenting agreement or a joint signature on a request for fertilization at the sperm bank, which is a simple and inexpensive measure, canraise additional doubts about the question of joint parenthood.
- The plaintiff was indeed listed as the defendant's contact person in the documents of the sperm bank. The director of the Sperm Bank testified that this was a routine matter intended to facilitate communication with the parties (p. 84 of the minutes).
However, the testimonies indicate that from the perspective of the sperm bank's procedures, this matter does not establish a relationship of joint parenthood, as reflected in the correspondence with the sperm bank (Appendix 5 to the statement of claim, pp. 34-38).
On August 7, 2022, the plaintiff wrote to Hazera Bank:
"Hello,
4 years ago I -- and my partner B. , in whose name we opened a fertility file with you, and the person who is listed in the file as a patient is B . Since the fear is registered in the file, today I am in a legal process and I have to present a document attesting that I was involved in the fertility process. I will send you a copy of the document in which they mention this. Thank you very much I would be happy to get in touch as soon as possible. It's very urgent for me, thank you very much."
A representative of Hazera Bank replied:
"Send me your marriage certificate please, we need to get a secondary consent to write the letter, write me her cell phone please."
The plaintiff wrote in response:
"I would like to maintain my privacy vis-à-vis B.Y . in case you need to contact her about the letter from an attorney demanding the documents I sent you and information and conduct with you. I'm just asking for a document that testifies to me during the process with you."