child custody

[rcandle08]

What is the name of your state (only U.S. law)? California
I have 2 twin 14 month old boys with my girlfriend of 6 years. I am the biological father, however the mother is not. She paid 30 thousand dollars to have the invetro procedure done with my sperm so we could have these wonderful children. My question is if we decide to break up who gets custody of the children?

 

[Proserpina]

What is the name of your state (only U.S. law)? California
I have 2 twin 14 month old boys with my girlfriend of 6 years. I am the biological father, however the mother is not.

It would be newsworthy indeed if she was the biological father ...

She paid 30 thousand dollars to have the invetro procedure done with my sperm so we could have these wonderful children. My question is if we decide to break up who gets custody of the children?

In other words, you both consented to and went through with a legal IVF procedure which resulted in you both becoming parents of twin boys, right?

You'd both have the same shot at custody.

What is the reason for the question?

 

[MrsMattius0903]

I believe he is saying it was his sperm, but not her egg..is that correct?

 

[Proserpina]

I believe he is saying it was his sperm, but not her egg..is that correct?

This is fun reading: http://www.legalmatch.com/law-library/article/sperm-donor-parental-rightsobligations.html

California (and quite a few others) are now using the "intended parent" doctrine; in this case OP's ex was clearly the intended parent and hence remain the Mother of the twins.

Even if the egg donor comes forward and tries to intervene, unless this was all done on the quiet (as in, not through a licensed medical pro), the donor's rights are automatically relinquished.

And this:

In California a famous case, Jaycee Buzzanca v. Superior Court, was such a case. In this case a married couple hired, an egg donor, a sperm donor and a surrogate mother. One month before the child was to be born the intended married couple separated and filed for divorce. When the child was born the child was released to the intended mother. The intended mother than took the intended father, her ex-husband now, to court for child support. The intended father argued that the child was not a child of the marriage and therefore was not a finically [sic] responsible for the child (Vorzimer). At first the courts ruled in favor of the husband and concluding that the child as “parentless”. The case was appealed and the decision was eventually reverse. The court claimed at the time when the intended father signed the surrogacy contract he has intended to become the father of the child therefore he was legally responsible for the child and is required to pay child support (Donnesha).

(cribbed from http://www.csun.edu/~cmm59894/paper2.html )

 

[stealth2]

What is the name of your state (only U.S. law)? California
I have 2 twin 14 month old boys with my girlfriend of 6 years. I am the biological father, however the mother is not. She paid 30 thousand dollars to have the invetro procedure done with my sperm so we could have these wonderful children. My question is if we decide to break up who gets custody of the children?

There is more involved than whose egg and whose sperm.

For starters - were you ever legally declared the father?

p.s. Pro - first thing that jumped into my mind, too. The mother not being the biological father part.