A Virginia mother who got pregnant using a turkey baster and sperm provided by a friend cannot deny the father his parental rights, a state Court of Appeals ruled this week.
Joyce Bruce argued that because her friend Robert Boardwine was just a sperm donor she could deny him custody and raise her son as the sole parent under Virginia's assisted conception statute, the Associated Press reported.
On Tuesday,a three-judge panel ruled in favor of Boardwine because insemination with a kitchen utensil does not fall under the statute's "medical technology" definition.
"The plain meaning of the term 'medical technology' does not encompass a kitchen implement such as a turkey baster," Judge Stephen McCullough wrote, according to the AP. The court awarded Boardwine joint custody and visitation rights.
The lengthy case began in June 2010 when Bruce, who wanted to raise a child alone, sought help from her longtime friend Boardwine. At first Boardwine was hesitant, but he later agreed, according to court records obtained by CNN.
The friends planned on sealing their agreement on paper but never did.
After several attempts with the turkey baster - involving visits to Bruce's house where Boardwine handed her his sperm in a cup - Bruce found out she was pregnant.
Boardwine thought he was going to be involved in his child's life, including taking him to games and having a say when it came to education and health matters, CNN reported.
But Bruce apparently had different plans. She claimed her friend had no rights because she did not get pregnant through sexual intercourse.
When the baby was born she tried excluding Boardwine and eventually told him to stop coming to her home. Boardwine took his friend to court.
DNA testing later proved Boardwine is the biological father.
Bruce can appeal the decision to the Virginia Supreme Court if she chooses, the AP reported. Attorneys for both parties could not immediately be reached.
