Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-12-14
Tesi-Iube Babies .
Held Legitimate
Except for Married
BY he Asseeia.sd prsss

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BY fhe Assoeioisd Press
CHICAGO, Dec. IA Chi
cago judge ruled yesterday that
human artificial dissemination Is
illegal except when donor and
recipient are married to each
other.
The ruling by Superior Judge
Gibson E. German also held
that children conceived when
the donor Is other than that Of
the mothers legal husband are
illegitimate.
Such dissemination. with or
without the consent of husband.
is contrary to public policy and
good morals, and constitutes
adultery. on. the part Of the
mother" Judge German said.
"a child so conceived is not
a child born in wedlock. and
therefore illegitimate. AS such.
it is the child Of the mother.
and the father has no right or
interest in said child"
Father Is Mothers Husband
The term father" the Judge
said, refers to the mothers
husband.
The ruling was made in q
divorce action brought by Mrs.
Mary Doornbos, 81. of suburban
Riverside, against George Doom
hos, 48, Of Park Forest. another
suburb.
The ruling was made on Mrs.
Doornbos' petition that she be
given sole custody Of her son,
David, 5, and that her husband
be denied visits to the child.
She based her plea on the
ground that the child was con-
ceived by artificial insemina-
ton from a donor other than
her husband. The petition also
asked that artificial insemina-
ton be declared moral and not
adulterous.
Ruling Affects Many.
The ruling raised grave ques-
tons as to the legitimacy and
heredity rights of many Illinois
children born through artificial
dissemination in which the IA
ther was not a participant. Such
impregnation is known as het-
erologous artificial dissemination.
There is no legislation on Il
linois statute books on the le-
gality of artificial dissemination.
But doctors have estimated that
several thousand children have
been born in the State from
the sperm Of donors other than
their mothers marriage part
ners.
Judge Germans ruling seemed
at variance with another made
several weeks ago by Superior
Judge Elmer N. Holmgren that
when a child is born within a
marriage-by whatever method
there is legal presumption
that both marriage partners are
his parents"
In the earlier case, however,
the method of conception was
matter of contention between
the husband and wife, and no
direct judgment was passed on
the question of adultery.
Other dissemination Validated.
With respect to homologous
Observation-Disclosures in which the
father Is donor-Judge German
ruled the practice lis not con-
trary to public policy and good
morals, and does not present any
difficulty from the legal point
of view." "
The ruling increased the likeli-
hood that the Illinois General
Assembly. which meets in Janu-
airy, will consider legislation on
the validity of artificial insemi-
nation. A committee of the Chi
cago Bar Association is drafting
legislative proposal aimed at
clarifying the matter.
Judge CORN ans decision
brought comment from DR.. Sol
T. De Lee, a gynecologist on the
staff of the Chicago Lying-In
Hospital who testified in the
case that he had disseminated $50
women by artificial means, and
that so pregnancies had resulted.
DR.. De Lee termed the ruling "a
blow to the progress of medi-
cine"
Yesterdays ruling did not de-
termine whether Mrs. Doornbos
will get her divorce. She is suing
on grounds of drunkenness. After
the ruling, Mr.. Doornbos an
nounced through Attorney Ed
ward s. Cody that he plans to
file a cross-bill against his wife,
charging adultery.