hello, It is rather a delicate but very important matter. A woman blackmailed her husband into accepting a donors sperm, threatening that if he does not, she would divorce him. Poor chap agreed, and nevertheless, she left him 4 months into the pregnancy. Just after a month later, she found another man. The legal father wanted a way out to this, but it seems it is impossible. Has anyone used donor sperm to conceive their children? I am interested in the legal aspect of it. Please pm me if you have had such experience.
If he divorced before birth there is no problem for him, if not the child will be automatically his. (stupid law btw) and he has to contest paternity by filing a petition for disavowal of paternity. If he acknowledged paternity before birth he is a dumbass and should find a lawyer.
He isnt divorced yet. It is been dragging for over 2 years now. The lady did so much troubles for him, screw him over. He has a lawyer but she says that he cant do anything, cant contest paternity and will be the father for the rest of his life.
What would that prove? Nothing. We know he’s not the father and the court would know it too. Regardless, unless he can petition for a denial of paternity or the biological father petitions to be recognised under Swiss law he’s automatically presumed to be the father still they are still married. And please re-read opening post. This isn’t infidelity, donor sperm was used. Unless the man she’s now shacked up with was the donor.
st2lemans, it is allowed - but only for married couples.
" Sperm donation
Donor sperm can only be used by married couples. In addition, the law allows children born in this way to obtain data relating to their biological father once they reach the age of 18. Children of sperm donors may contact the civil register office, which informs the donor of the proceedings initiated by the child."
Tell him to get a lawyer unless he already has one, certainly beats asking here. I don't think anyone can answer this unless in very generic terms and none of that will be news, given this has dragged on for two years already.
DNA test can only be done if the parents both agree, if mom says no, it will not happen unless the child is old enough to understand the whole situation and agrees to it. Performing a test without the consent of the other parent is a criminal offence.
Well if it has been dragging for two years he is the father and will remain the father unless the kid decides otherwise in future and files a petition.
Fathers have one year after the birth of the child to file a petition (or 1 yr after they found out they might not be the father which is not the case here)
This lady has been living with another man since her pregnancy. Now they now has a second child. He has been a father figure to the first child. It would only make sense if he adopts the first boy, as they live as a family anyways. Not sure if that is possible though. The lady dragged all this deliberately, I think, promising her soon ex-husband they would change the name to her new partners. He stupidly believed her. Yet, after the birth it seems impossible. Since he cant renounce the paternity, he decided he ll be the father after all. Yet, even then he cant see him more than 3 h every week, barely a fatherhood to me.
If he's decided he wants to be the father, then he has rights under the law too and can fight for them. I'm pretty sure 3 hours a week is a bit on the low side. From what I've read on EF, Swiss law favors both parents getting a decent chunk of time with the child.
He already spent 130k chf in court. It may be better for the child to stay where he is, his mum and her partner, who obviously spent every day with him. She keeps telling him that he isnt his father. It is a mess, never seen something like that in my life.
a) to prove that he is not the father and wants nothing to do with the baby and that baby should stay with the mother and (be adopted by the) new step-father, and that he (your friend) should therefore have no financial responsibility towards the child
or
b) to get full access/visitation rights to the child, child having been fully acknowledged as his, and that he is taking on all responsibilities towards the child?
Also: what is your role... as in, is there a reason why you think that a) or b) would be better? For your friend, for the baby, for yourself?