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Sperm donor wins CSA review
Sophie Goodchild, Health Editor28 Dec 2007
A fireman who donated sperm to a lesbian couple will have his case reviewed by the Child Support Agency.
Andy Bathie has been forced to pay out thousands of pounds a year in maintenance for two children after donating sperm to Terri and Sharon Arnold.
But the CSA has now agreed to launch an inquiry after the story was highlighted by the Standard.
The investigation also follows pressure from MPs and child support campaigners who have branded MrBathie's treatment "unjust".
Earlier this month, the Standard revealed how Mr Bathie cannot afford to have children with his wife because of the CSA demands.
The 37-year-old, from Enfield, agreed to act as a sperm donor five years ago after the Arnolds assured him that he would have no financial involvement in the children's upbringing.
He has no legal rights to the boy and girl, aged two and four. But in November last year officials began docking £450 a month from his pay after Terri Arnold, 25, from Clacton, Essex, split up with Sharon.
The CSA is still demanding payments despite the fact that it has emerged that the couple are back together.
The Standard has also learned that both women are earning money from their businesses.
Ministers have drawn up fertility reforms which recognise same-sex couples as the legal parents of children they conceive through sperm donation.
But these laws are not retrospective so they come too late for Mr Bathie, who says he has only met his children a few times.
His MP Joan Ryan has written to health minister Dawn Primarolo asking her to review the Government's proposals, which have yet to be voted on by MPs.
Ms Ryan, a former Home Office minister, said: "I've contacted the CSA to ask them to look at the case and ask for an assessment. Legally the responsibility is his but Andy is in a very difficult situation and I have sympathy.
"Obviously the children come first but there should be some protection for people like him in law."
Men who donate through a licensed sperm clinic are protected by fertility laws. But those who enter into DIY arrangements are still recognised as the legal father.
The CSA said it was unable to comment on individual cases.
But a source said that a review was ongoing and that "any new information" would be taken into account.
It is understood that Terri Arnold, the mother of the children, is classed as a "private" claimant, which means that she is receiving an income.
The case has been taken up by the National Association for Child Support Action which is now lobbying for a change in the law.
Michelle Counley, head of NACSA, said: "This is a very difficult situation which has taken a case like Andy's to highlight but the fact is that these women are living together as a family.
"Same-sex couples quite rightly want civil partnerships recognised but that means they must take responsibility as parents if they have children."
Sharon and Terri Arnold were not available for comment.
Reader views (3)
Iv been asked to donate by a very close friend me mine. We've agreed that i will be a donor and nothing more. What can i do to protect myself once iv donated ?
- Ant, Liverpool, 09/02/2010 16:43
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this is yet another example Of how dangerous the badly thought out legislation that is the csa, is wrecking an untold number of families and lives. This organisation has been kept alive by countless injections of public money and new legislation for almost twenty years now and is still incapable of fulfilling its most basic duties. The next injection should be a lethal one ! These women have breached a legally binding contract in order to get some free cash from an organisation that treats men as walking wallets. Using powers that would not be accepted by the public in any other form of debt collection.
- Stuart, hull/uk, 28/01/2010 16:28
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Hold on! The law is that the natural father should pay, unless through a licenced clinic.
Now, it is our taxes that will pay for this man's children. He should have exercised greater caution before agreeing, including trying to determine if the lesbian couple might split up, and what the financial consequences would be for HIS children if they did.
Expecting the taxpayer to pick up the tab for his responsibilities is just plain wrong.
I hope the CSA makes him pay.
- Roger, London, 28/12/2007 12:39
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