A donor who sued a fertility clinic has won a legal battle after they used his sperm to father children of same-gender couples despite his wishes.
As Neil Gaskell from Manchester, England, told The Mail, he became a sperm donor for Care Fertility back in 2010. As a part of their agreement, Gaskell was reassured that his sperm would only be used to father the children of heterosexual couples due to his beliefs.
According to the reports, however, the fertility clinic used Gaskell’s sperm to father five children born to three same-sex couples and four children born to three single moms.
While the donor insisted that he is not a bigot and that his views may be deemed divisive, he doubled down on his views saying that children “must have a mother and a father.”
“I accept that some people will find this uncomfortable and that people might think I’m homophobic, or against the idea of single mothers,” Gaskell told The Mail as he expressed feeling betrayed by the clinic that went against his wishes.
“But that couldn’t be further from the truth. This wasn’t about discriminating against same-sex couples, it wasn’t for religious reasons and I don’t accept that it’s bigotry. I think about these families – these children – every day, all the time.
“But you can’t argue with biology. It takes a man and a woman to create a child, and it’s my view that if children are being born with my sperm they must have a mother and a father.”
As the father went on to say, he was left worried about the children he had fathered and how they will fare in life due to being brought up by same-sex couples or single moms.
According to The Mail, Gaskell confirmed that he had requested for his sperm to be used for fathering children of heterosexual partners when he joined the donors’ program.
“The lady from the clinic, who filled in the form on my behalf, said some people want to put ‘Not for same sex-couples’. So I asked her to write that down,” he said.
“I wanted to protect the sanctity of my own family, my own children. If the donor-conceived children had a father figure, I thought it would reduce the chances of them making contact with me later on,” Mr. Gaskell added.
“They may have a fantastic upbringing and be cared for deeply. But if they had same-sex parents, or a single mother, other kids might ask, ‘Where’s your dad?’ They’d be more curious about me.”
While the Equality Act, which came into effect just months after Gaskell joined the donors’ program, prohibits the discrimination of same-sex people, it was the clinic’s job to refuse Gaskell as a donor after the Act came into effect in order to respect his wishes and comply with the Equality Act at the same time.point 575 | 1
Following an official audit performed by the Human Fertilisation and Embryology Authority, the clinic officials were forced to apologize for going against the donor’s wishes and using his sperm to father children of same-sex couples.
As HFEA’s spokesperson reassured, the case has been thoroughly investigated. Following a four-year legal battle, Gaskell and the clinic have agreed to an out-of-court settlement whereas the donor was compensated with a five-figure sum.
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