The Mudcat Café TM
Thread #63369   Message #1031916
Posted By: GUEST,Wolfgang
08-Oct-03 - 03:16 PM
Thread Name: BS: No 'right to choose' this...
Subject: RE: BS: No 'right to choose' this...
OK, it's finally clear now, a new law should give the mother more rights than the father according to McGrath.

First, I don't see any reason why this law should be held up at the European Court of Human Rights. This Court is known to pass sentences for equal treatment whenever possible. The reasons given for unequal treatment here are extremely thin.

Second, the comparison to sperm bank danors opens a can of worms. They have been difficult to trace (in the old times) for some agencies even mixed the sperms to make tracing difficult but whenever a donor has been traced the question of paternal rights (a problem discussed among lesbian couples), payment and inheritance comes up. These rights cannot be waived by the mother or the state for nobody can waive the rights of a third party who has not (yet) been asked. At latest when the child gets 18 years old, she can sue whatever the mother has said or written before that age. The European Court would rightly not allow that some people (these children) have less rights than others.