A developer and patron of the arts in Oregon, he was declared the only parent of a pregnant boy with sperm and eggs donated by his ex-girlfriend, and she was deprived of all rights to her child.
The State Court of Appeals ruling overturned the lower court’s decision that both Jordan Schnitzer, 70, and Collie Sauze, 42, have custody of a five-year-old child.
In a two-on-one appeal, Sause waived his rights to male embryos when he agreed to donate eggs to help Schnitzer, who already had two daughters, to have a son. Declared.
Schnitzer’s lawyer welcomed the ruling as a victory for those who built a family using assisted reproductive technology, but Sauze was probably the last to meet his child.
“I can’t say in words that I haven’t heard him call me’mama’and I don’t know when I can meet him.” she said Oregonian“It hurts my heart.”
According to court filings, Schnitzer, named for several museums, tried to have a son using sperm and an anonymous egg donor, but the procedure failed.
When he was dating Sause, she decided to have her eggs collected and discussed the possibility of giving Schnitzer eggs. All male embryos belong to him and all female embryos belong to her.
However, in vitro fertilization produced only male embryos, and Schnitzer used a surrogate mother to conceive his son. By the time of childbirth, the couple had separated and Sauze allowed her to see her baby only once that day. Claims to have been done.
She went to court seeking legal rights as his mother.
“Sauze testified about the conversation with Schnitzer and admitted that he had sole custody and revealed that he wanted to raise a child,” the judge in the appeal wrote.
“But South explained that although it was clear that the child would not live with her, she never thought she would be unknown as the child’s mother. Rather, she was actively involved. I understood that Schnitzer welcomed her ideas as part of her child’s life. She told him that she would not ask him to pay money and would give him custody. “
In Schnitzer’s ruling, the majority of the courts wrote: However, we do not agree that Souz has provided the additional proof necessary to obtain those rights.
However, the dissenting judge felt that he had made an effort to show that Sause was going to be more than just an egg donor.
“I made a plan to build a nursery at home with the assumption that I would visit my parents,” he wrote in an email to Schnitzer. For the nursery.
Schnitzer asked Sauz when she was a babysitter for her friend’s child, “Are you ready to welcome your baby?”[could]Don’t stop thinking about cribs. “
Laurel Hook, a Schnitzer lawyer, said: Oregonian A court ruling said it “dispelled doubts about the thousands of individuals and couples who have realized their dream of having children using assisted reproductive technology.”
“The ruling on page 46 states that Corey Swords was not the mother, which is in accordance with current Oregon law that egg donors and sperm donors are not mothers and fathers.”
According to Sause, a Schnitzer representative told her that Schnitzer would block any contact with the child, but she refused.
“It looks so cruel,” she told the newspaper. “How broken is our system of allowing and removing bonds … he never loses me, I I will never stop fighting to meet him. “