מ"גנבת" זרע ועד ל"ייזהר התורם" – לקראת נקודת איזון ארכימדית חדשה של טובת הילד וזכויות הגבר?

This article reevaluates the scenarios of "paternity fraud" and the traditional,unenforceable agreements with known sperm donors, which both impose unintentional but legal fatherhood on the men. Whereas the first scenario is ancient and well known,the latter is brand new for Israeli and international law. In stark contrast with the traditional rejection of the “paternity fraud” claim, there has been a recent surge in the acceptance of this claim in the Israeli jurisdiction. While the best interests of the child remain the central consideration when courts address this issue, various mechanisms are enacted to compensate the unintentional father. This article will, first and foremost,reexamine the two above mentioned practices, focusing on strengthening the unintentional-fathers’ rights, as well as contractual and tort mechanisms that have been used to compensate men in the 2010s. Here, I suggest the best normative regulation of the various relationships between the three parties – man, woman and child. Eventually,this will be the most just and reasonable new Archimedean point, serving the best interests of children’s and men’s rights in these two scenarios.