Why wouldn't Patrick have parental rights you ask? Because he signed them away before the baby was born. His name doesn't appear on the child's birth certificate and under California law, that makes him a sperm donor with no legal standing regarding his son.
Patrick says he set things up this way in a misguided attempt to to protect his son from the publicity that surrounds a Hollywood star. He says:
“I wanted to protect him from the public eye that I have felt hasn’t been kind to me. Any private documents – the consent forms, school forms, pediatrician all have me as the father, but I didn’t want the paparazzi taking pictures of my child coming out of [the hospital.]”
Schreiber thinks otherwise. She says:
“When Jason offered me his sperm, it was under the condition that his donation never be made public and that he would not be a father to the child. I chose to use a known donor over a stranger, but only after I knew the law would protect my ability to make the best decisions for my son.
“I allowed Jason to have contact with my son while we were dating, and even then he insisted that I keep his donation a secret and uphold our original agreement. I never would have allowed this contact if I thought it would put my rights as a mom and the stability of my son’s future at risk.”
Earlier this year, a California court ruled that Patric has no right to see his son. The case has prompted a SB 115, a bit that will allow sperm donors the right to sue for parental rights.