Counsel for Hazera Bank wrote to the plaintiff the next day (on August 8, 2022):
"1. With the written consent of the spouse B, can be given To (plaintiff) Her then-spouse a confirmation in the form that you gave
- If you refuse, You should check if you have a bag that she opened in the sperm bank or in the IVF unit There is a joint parenting agreement signed by both of them. If there is one, then there is a clause in it that refers to the fact that both parents assume all the duties and rights of biological parents even regardless of their marriage, and the signing of an agreement in this form will allow us to give her the standard approval of the sperm bank even without the consent of the spouse at the time.The Defendant.
- In the absence of a signed parenting agreement, on -(The plaintiff) To apply to the court for an order instructing the hospital to provide such a certificate regarding the procedure it underwent The Defendant".
Later, the plaintiff apparently transferred a common-law certificate to the sperm bank, and upon receipt of it, the sperm bank's attorney replied to her (in a notice dated August 9, 2022):
"This document was also in front of me in my previous answer. It is a certificate of common-law and does not contain any statement or joint agreement regarding the receipt of information about the other party without his consent, not during the joint life and certainly not after separation. Unfortunately, he doesn't promote it at all."
It was found that even from the perspective of the sperm bank, only a spouse who holds a parenting agreement is considered an additional parent who is entitled to receive documents. Counsel for the plaintiff, who attached these documents to the statement of claim, did not attach them to the plaintiff's exhibits file, apparently because she understood the difficulty that arose due to them.
- With regard to payments to the sperm bank, the receipts for these payments bear the name of the defendant only (Appendix 28, pp. 88-105 to the defendant's exhibits file).
The plaintiff claimed that due to the bankruptcy proceedings in which she was subjected, her mother transferred the payments for the fertilization to the defendant's bank account. The plaintiff's mother testified to this (p. 96 of the transcript), as did the plaintiff's sister, who testified that her parents made the required payments, including "the injections thatthe defendant threw" (p. 78 of the transcript). However, no documents were presented in this regard, no request was made and the defendant's bank statements were not presented that could have reflected this matter.