Jack Malvern
Enter our Snapshots of Summer photography competition
A man who donated sperm to a lesbian couple is being made to pay child support, despite having no involvement in the children’s lives.
Andy Bathie, 37, a firefighter from Enfield, North London, provided the sperm after being assured by Sharon and Terri Arnold that he would have no personal or financial involvement with the children. But now he is being forced to pay thousands of pounds in maintenance by the Child Support Agency, although he has no legal rights over the boy and girl, aged 2 and 4, born to the couple, who have now split up.
Mr Bathie said that he could not afford to have children with his own wife because of the financial implications. He is attempting to have the law changed so that he is not recognised as a legal parent to the children. “I did look into the legal side and understood that, as a couple, they would be the parents, not me. I was never ‘daddy’,” he told the Evening Standard in London. “The CSA admit that mine is an unusual case. This is double standards and I’m having money stolen by the Government.”
Mr Bathie was approached by the couple five years ago after they entered a civil partnership. At the time he was in a relationship with a woman who had been sterilised and was not planning to have children. He has since married someone else.
Unaware of the legal pitfalls, he was shocked when the Child Support Agency contacted him last November to demand payments because the women had split up. He was made to take a £400 paternity test and his pay was docked.
A spokesman for the Human Fertilisation and Embryology Authority said that men who donated sperm through licensed fertility clinics were not the legal fathers of any children born as a result. “Men giving out their sperm in any other way, such as via internet arrangements, are legally the father of any children born, with all the responsibilities that carries,” he added.
The CSA said that, unless a child was legally adopted, both biological parents were financially responsible. “The Child Support Agency legislation is not gender or partnership based,” a spokesman said. “Only anonymous sperm donors at licensed centres are exempt from being treated as the legal father. This does not apply to men who donate sperm as part of a personal arrangement.”
Ministers have drawn up fertility reforms giving equal parenting rights to same-sex couples who “marry” in a civil partnership. This means they will be recognised as the legal parents of children conceived through sperm donation. However, the change comes too late for Mr Bathie, although he is now pushing for an amendment to make the laws retrospective.
Phil Willis, MP for Harrogate and Knaresborough, is chairman of the Innovation, Universities and Skills Select Committee, which deals with human fertilisation and research. He said: “The CSA has to look very carefully at the issue and make an assessment. I suspect Mr Bathie won’t get his money back, as there would be a flood of similar applications. Hopefully, common sense will prevail, particularly if he has evidence saying he was a donor and there was an agreement he’d have no further relationship.”
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the collective power of smart thinking. Submit a solution and be in with a chance to win a Flip MinoHD Camcorder
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
42,945
2008
71,450
Car Insurance
Not Specified
MI6
UK-based
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Save up to £1,000 per couple with Elite Vacations at the five-star Constance Lemuria Resort
and do the British Isles this Summer.
Save up to 60% with Oxford Hotels and Inns
Try our inspiring luxury holidays to the Indian Subcontinent and South East Asia.
Great offers available
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
While I think going after the sperm donor is horrible, the political climate that forces the mother to do so to survive is the real tragedy. If gay couples had the same rights as hetero couples she could have chased her ex partner for it. As it is she has to find support however she can.
Jill, melbourne,
woah you guys are insane...who cares that they are gay?! (would have happened if the if it were two heterosexuals that got his donation and split up)
The point was that the guy should have looked out for himself first. Made sure that he had a written contract that he was just donating. Or maybe thought a tad longer and went through a donation service instead.
j, hb, ca
and the moral of the story is:
don't do wierd unnatural things like being a sperm donor
peter codner, devizes, england
Mr Bathie is correct. Even though he is the children's genetic father, the children's PARENTS are the lesbian couple. If anyone must pay child support, it must be one of the lesbian women(the one who walked away from the relationship) to the other(the one with custody of children). Since these women decided to have children, they are the ones responsible for raising them. Atleast that's the standard for heterosexual couples.
I hope men learn from Mr Bathie's unfortunate circumstances and keep their sperm to themselves. Your sperm may cost you part of your salary for 18 years. Fail to pay and you're called a 'deadbeat dad', will be named-and-shamed and could even be in jail.
Mike R, Germany,
Marcus of Horndon on the Hill,
Christianity does not stand for murder, kidnap and rape. It stands for love. Full stop. The Christians I know are busy living their lives, working and raising their families, not to mention raising money for charities and volunteering their time to help other people. Your hateful words insult some kind and generous people. Don't fret, though. They already forgive you.
Nancy , London,
what has religion got to do with it?
overgrown self righteous religious cults have no right to give advice about decency when they are responsible for wars, paedophilia and suffering the world over.
Paul, Egremont,
This may be an old fashion view but i believe every child needs a father and a mother,NOT same sex couples it flies in the face of nature,it's just another selfish ideal that our soceity has adopted catering for the minority.
Is it a wonder that we are told morality is on the slippery slope downwards,human rights activists get a grip on reality.
Mike, Lincoln,
These two lesbians are a disgrace in, essentially, refusing to take financial responsibility for the child. Political correctness gone mad, again. Where is the usually strident lesbian lobby on this particular issue?
Richard, Melbourne, Australia
See, women cant even stay together with women.
What chance do us males or in fact children, stand with the "modern" woman?
Pete, St Albans, England
How many poor guys get suckered in like this by one woman, let alone two schemers together??
Poor bloke never stood a chance ....... SUCKER !!!!
Paulie, Northampton,
i personaly have no problem with gay couples but if you enter a gay rtelationship its quite clear that you wont be able to have children together, if you want kids that much give a child without a home one and stop the maddness that is obviously going on here
gemma, portsmouth, uk
To all you Lesbiansâ¦..A Child is for life, not just for Christmas:
Mike, Berlin,
Parliament is full of lawyers. Hands up those who are surprised that the country is badly managed? Anyone with their hands up - go to the bottom of the class.
Eddie Reader, birmingham, england
I have 3 points on this. The first being that God designed life so that a child be born to that of a man and woman. No other combination really works, a child has the right to the love and education from both genders.
The second is that how careless we men treat our sperm. That we should easily discard to another with no forethought of consequence as to the need and wants of that child later.
The third being how we live in such a self-centered and selfish age. Where I demand what I want and to hell with the world if I don't get it, as in this case of the 2 lesbians only thinking of themselves.
This case is wrong and I feel that the CSA should show that they do not have an anti-male approach and go looking towards both women for all future payments.
P.S. That also means don't come and steal from the taxpayers for your (the lesbian couple) deicsions.
David, Perth, Western Australia
To Nadine
Why bring the religion into this?
Maybe so we can follow the good examples christianity has set, like kidnap, murder, rape?
marcus, Horndon on the hill, UK
More madness from the CSA and a further nail in the coffin of common sense
keith wallis, Hong Kong,
Thank god I don't live in the UK any more. The place has gone mad. The couple has split up. so chase the partner who has left. A gentleman's word is his bond, clearly not for these women.
CeeBee, LLN, Belgium
As the test case in our province for having both (unmarried) same-sex patners put immediately on a child's birth certificate, we were advised to still go through a legal adoption to ensure that there would be no future problems involving our known donor. As the lawyers said, "It's better to wear both a belt and suspenders." It's a shame that so many same sex couples are led to believe that society and laws are more progressive than they really are.
Terri, Winnipeg, MB, Canada
It is nonsense to claim that a homosexual woman has "a right to a child". However, a child has a right to a father.
John Green, High Wycombe,
Apart from the fact that it's just wrong. How is the poor child going to feel knowing about the situation as it gets older? Stop this madness immediately, get you all to church with a gentleman vicar and do what the good Lord intended. It's not right.
Nadine, meltford, suffolk