Roberto of Maryland, a single man, decided that he wanted to have a child. On December 18, 2000, he arranged for in vitro fertilization with his sperm of two eggs from an unrelated woman donor. On December 20, 2000, he arranged for the eggs to be implanted in a second unrelated woman. Twins were born on August 23, 2001.

The hospital usually lists the birth mother on the birth certificate, but both the father and the birth mother petitioned the Circuit Court for Montgomery County, Maryland, to leave the mother’s name off. The judge denied the petition based on best interests of the child.

The Maryland Court of Appeals reversed and said that Maryland’s Equal Rights Act required the court to apply the state paternity statutes equally to men and women. Since men have a right to deny paternity under the statute, women have the same right to deny parentage. In Re: Roberto d. B. , MdCA No. 02-110 (May 16, 2007).

The result is that these twins have a father but no legal mother.

1 reply
  1. Anonymous
    Anonymous says:

    I am glad to see the outcome of this situation. Kudos to the father. I have a bit of a situation myself. My fiance to whom we have been together now for 3 years has seen his children for maybe 10x to none in the last year. The mother has total alienated these children and actually won in court. I have wondered how this outcome ever happend a million times. My fiance has been to court, spent thousands in attorney fees, counseling, mediation etc to NO avail. People in jail has more custody then him. I could see if he was a deadbeat, child abuser etc. He is sucessful, co owns his own business, allowed her to stay at home with the children etc. She has since remarried and has another child on the way. We had a SME come in about alienation and he stated yes that was what she was doing and we still got no where. i don’t have much faith in the justice system in his case and find it hard to prove she is abusing their children. And Yes I said THEIR but she beleives they are hers and hers only.

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