This part of the site features true attorney’s stories. All the cases described in the chapter are based on my own professional practice. These are real attorney’s stories. All these “Attorney’s stories” are designed to highlight that in legal practice there are a lot of interesting and sometimes amazing occasions. Of course, having in mind professional ethics all the names, and when necessary times and places in the stories have been changed. In the rest, this part of the site is documentary. Where possible stories are equipped with copies of the corresponding papers: statements, appeals, court decisions, so on.
A case about embryoThe names of the persons involved have been changed, however, the story is inspired by true events).
Once, a client of mine addressed me. He was an imposing man of oriental origin, a foreign businessman, frequently and long living in Moscow. His name was Ahmed Ahmed. He had rather an unusual problem. The principal formulated the problem about like this:
- A former girlfriend of mine came to me. We never had sexual relations with her, but she delivered a baby! She says the baby is mine!
The girlfriend – a certain citizen Marina S. from the city of Krasnodar – brought with her not only baby, but a statement of claim on alimony. Our businessman was shocked by such events:
- Is it really so, - he was asking me with horror in his eyes, - according to the Russian legislature I will have to support her baby?
I should also say that the pretext of the current story turned to be even more amazing than the news about the baby birth itself. Some time ago Marina S. came to Moscow to conquer the capital. Here she managed to get acquainted with a foreign businessman Ahmed Ahmed. They had dated and lived together for some period of time, though Ahmed already had had a legal wife and another family. Then the idyll finished and Ahmed separated with Marina. But the lady was not satisfied with the current turn of events. She was determined to continue the way of life she got used to during her romantic relations with Ahmed. So, what shall she do? And Marina S. masterminded a really genius plan.
So, first she returns to Krasnodar and changes her surname to Ahmed. I mean to say that she just appeals to authorized bodies to change her surname. According to Russian legislature every citizen has right to do it. With a new passport she returns to Moscow and calls her former lover.
- Dear Ahmed, - Marina says, - I have a very big problem. The thing is that I am suffering from a very rare sexually transmitted disease. The doctor says that I had already been ill when we were close with you. I thought you should be warned.
- Oh no, not this, - exclaims Ahmed. – What a shame on me! What if my family finds this out? My reputation will be damaged! What shall I do?
- Well, if you want, we can address the same doctor that has already helped me, - simply and plainly offers Marina.
Visiting the doctor Ahmed goes through all the examinations possible in nature; - the disease is rare, everyone should be aware of the dangers looming over everybody. Besides everything he gives his sperm tests. After the medical examination Ahmed is found healthy and is said good bye to. A little remark: the hospital doctors were sure they were accepting Mr. Ahmed as sperm donor – a prospective father of a baby and husband of a grief stricken wife Marina who had not been able to become pregnant naturally.
Marina wrote an appeal to the extra – corporal impregnation hospital in advance. It said: “I, Marina Ahmed, and my husband Ahmed Ahmed are willing to have children, but we can not make it naturally, that is why we ask you to help us”. In the hospital Marina explained that her husband was a very busy personality and couldn’t visit a consultation with her, but would only sign the necessary papers. In accordance with the appeal and on legal basis the hospital performs the corresponding operation, after which pregnant Marina Ahmed goes back to the Krasnodar region.
In Krasnodar she delivers a baby boy in due time terms. At this the young mother receives a baby birth certificate where Ahmed Ahmed of course stated as father. How did she do it? According to the legislation the graph “father” is filled with the husband’s surname or with a surname of a man who comes himself to the Registry Office and writes a statement about his paternity. Besides, there is a third variant: the graph “father” can be filled at mother’s desire with her own surname, and name the baby. Marina Ahmed chooses exactly this way: her surname as Ahmed she got in before, and the name by miracle coincided with the name of our businessman. So, thus in the graph “father” we could read “Ahmed Ahmed” – but only it didn’t state about a real personality, but a fictional one.
In about half a year, Marina Ahmed with her son Bogdan – Ahmed is at the door of the “crafty seducer” apartments states about the main aim of her fraud:
- Made me a baby and left! I am suing you, for you to pay alimony!
Marina files an appeal about alimony at once, not about fatherhood determination, - it is a very important moment on which entire of her plan is based upon. A foreigner, perhaps, can think that Marina is entitled to do so, and to keep things within will subdue to pay alimonies. And for the court Marina has papers that look almost as real ones. All the details of this fraud became clear when I made an attorney’s investigation. But chronologically my participation in this story started from this very moment: a newly appeared “father” Ahmed Ahmed addressed to me for help.
And so, the legal process started. At first sight everything is clear for the judge. There is a woman citizen Ahmed, her son Bogdan – Ahmed, who according to the inscription in the birth certificate is foreign citizen Ahmed Ahmed’s son. The woman citizen demands alimony, and it seems that the court has all the rights to satisfy her demands. And so, the judge inquires why the defendant’s side doesn’t demand the exclusion of the fatherhood, which is the crucial evidence of the appealer.
- Your honor, we don’t need to exclude the fatherhood inscription, because woman citizen Ahmed only used the defendant’s surname as surname of the baby’s father, because she was not married to him and the fatherhood recognition statement the defendant of course never wrote, - explained I the intricacies of Marina Ahmed’s strategy. Correspondingly, the fatherhood statement doesn’t have any legal power towards citizen Ahmed Ahmed, that is why we don’t need to exclude it. We were talking about surnames that were formally the same, not more.
This amazing news makes the judge think seriously, but soon after the judge understans elegance of the appealer’s scheme. And Marina with her attorney understands the same. It makes them change their position quickly. They withdraw a claim on alimony and file a new one – this time on fatherhood affiliation. A sudden attack on a foreign citizen Ahmed was not a success, which is why the fortress was decided to be put under siege.
It is then I decided to make an attorney’s investigation and find out all the circumstances of Marina Ahmed’s fraud. I had to understand how the key element of the entire story appeared – an appeal on extra corporal fertilization from the «married couple» of Ahmed. This appeal carried the certificate of marriage requisites between Marina and Ahmed. I even began to worry: could the tricky and dexterous appealer make the miracle and somehow by fraud marry the defendant to her. I sent an attorney’s request to Krasnodar, and received a reply in a time, that there was no marriage certificate with the stated number. This document’s requisites for reasons unknown coincided with the requisites of a document for surname change, given to Marina S. before. After this I applied to the Center of independent judiciary expertise, asking my client to give his signature samples. The Center compared and analyzed those samples and the signatures on the appeal for fertilization made by Marina. The results showed that Ahmed’s signature on the appeal for fertilization was faked. And thus, the appeal to the clinic, after which Bogdan-Ahmed was born, had been a fake. Notable that initially Marina intended to even conceal the fact that she became pregnant artificially. It all came evident only after I asked my client to remember all the circumstances of his last intercourse with the former girl-friend. It was then, when my client mentioned a certain hospital and medical analyses. I went to that institution and found out why foreign citizen Ahmed was received and examined.
Noteworthy, that during the process the appealer tried to strengthen her positions by filing a petition on a DNA test conduction to determine the fatherhood. My defendant refused to take part in this, because the fact of being the father biologically was not denied. For us, juridical the most important part of the question from the very beginning.
As soon as we managed to prove that the appeal to the hospital was a fake, the appealer again changed tactics. This time she states that despite she was preparing for extra corporal fertilization, she got pregnant however from citizen Ahmed naturally!
Well, we could not deny close relations between the appealer and the defendant in the past. The question was now to prove that during some short period of time, let’s say between April 4th and 10th 2004, the defendant could not have sexual relation with Marina Ahmed. According to medical documentation Marina got pregnant during this period. To cut the long story short, we needed alibi. Probably it was not a very big thing to secure it, but in this situation Ahmed took a very principal position. My defendant refused to prove that he was not in Moscow during the mentioned above period of time, and he offered me to defend our position otherwise. This is what he said: “I won’t say lies, I was not with this woman, your Russian court must recognize this”.
And the way to do it was found. I invited one of the most prominent Russian specialists on extra corporal fertilization asking him if pregnancy could take place naturally during the procedure of preparation for artificial fertilization. Having studied the medical card, the specialist replied the following: “Since the patient administered medical preparations “Estradiol” and “Divigel” during the womb tube preparation for fertilization, the pregnancy could not take place naturally, because the mentioned above preparations had contraceptive effect”.
The court decision on citizen Marina Ahmed’s appeal stated:
«… the proofs submitted, testify to the fact that Ahmed Bogdan-Ahmed was not born from Ahmed Ahmed, but was born as the result of extra corporal fertilization with the use of biological material, previously obtained from Ahmed Ahmed.
Since Ahmed Ahmed didn’t give consent to artificial fertilization method, then thus Ahmed Bogdan-Ahmed’s origin from Ahmed Ahmed couldn’t be determined on the basis of the court decision, because the baby’s birth from biological material, previously obtained from Ahmed Ahmed happened without consent of the person, becoming the donor of the biological material…
Since the parties concerned were not married, the fatherhood – baby’s origin from a certain person – was not determined during the court session. The court took a decision that total match of the name and surname of defendant Ahmed Ahmed with the name and surname stated in the baby’s birth certificate could not be the basis for satisfying the filed demands, because data was written into the official paper from the baby’s mother words, without any appeals from Ahmed Ahmed”.
That’s the story with the happy end for the defendant. Marina Ahmed was seriously getting ready for her future role as a single-mother. For many months she collected product bills from food stores, receipts of sporting clubs and other papers, testifying that she had joint household with Mr. Ahmed. However her entire dedication and persistence confronted adequate resistance in court.
And to crown it all, despite the defendant’s interests protection, I would not recommend anyone to follow his way. The story is very teaching for the strongest half of the mankind. You should not betray your wife, since as Jvanetsky used to say, one lousy movement and you are a father.