The Practice (1997–2004): Season 5, Episode 15 - Awakenings - full transcript

Previously on
"The Practice"...

-I'm pregnant.
-Who's the father?

Actually, I'm keeping
that confidential.

He's basically
just a sperm donor,

and I'm going to be
a single mom.

That's my rape signal pager.

My name's Lucy Hatcher.

I'm a counselor
from the rape crisis center.

When I saw what happened
to her, I freaked.

This was your very first call.
I think--

I'm just not cut out
for it, Rebecca.



Without your help.

Thank you.

Sure.

Get out.

-What?
-Go!

That's my daughter.

Uh, she suffered some
pretty tough internal injuries.

There's also some swelling
in the brain.

Now, she's still unconscious
and probably will stay that way

until, uh, well,
the swelling goes down.

Hey, Beck.

You're a godmother now.

We just need for you
to wake up.

Hey.



Oh, my.

He already looks bigger.

Yeah, he eats like a hog.

Oh, he's a gorgeous thing.

Yeah, he is.

Hey, Beck.

They let me in here
with little Bobby.

Her neurological responses
are improving.

The doctor said the swelling
is almost completely down.

Come on, Beck.

Three days.

Enough is enough.

That is so beautiful,
Michael.

It's amazing--
When are you publishing?

I'm hoping in June.

Is this one here,
is this going to be the cover?

Either that one
or this here,

this-- this little girl.

-Look at her face.
-Yeah.

Okay, you want to see something
really incredible, Michael?

Okay.

This is what I call

an amazing picture.

Look, that's--
That's her head,

and her hands.

Wow.

Yeah.

You helped make that.

Can you believe it?

Yeah.

That's, um...

That's what I came
to talk to you about, Ellenor.

I'm not sure

that I can stick
to the deal.

What do you mean?

I want to help parent
this baby.

I know the agreement,

but when you asked me
to be the father--

No, I asked you
to be the donor.

And I thought that I could--

Then never mind the agreement.
It's a contract.

A signed one, Michael.

My...

lawyer thinks that I can
probably get around that.

You've been to a lawyer?

It's one thing to--

I thought that--

But to have a baby--

You don't have a baby, Michael.

I have a baby.

You provided sperm.

I don't want her to grow up
without a father.

♪ (theme)

-He changed his mind?
-Yes, and we have a contract,

and he says he's going to try
to get around it.

He's already been
to see a lawyer.

Okay, try to calm down
a little.

Who is this guy?

His name is Michael Hale.

He is a very successful
photographer,

and he is an old friend.

Friend like friends,
or--

It wasn't a romantic
relationship, Lucy.

His involvement here
is purely genetic.

And you have
a signed agreement?

Yes, fully executed,

terminating all
of his rights as a father,

and now he wants to go
to court and get it voided.

When's the hearing?

I'm not sure.

I mean, I threw him out.
I'm not--

I don't know.

Okay.

I'll see if I can get
his lawyer to come here

before he goes into court.

Once we get
a judge involved--

It's complicated,
Ellenor.

I can't--

I can't believe
he's doing this.

We have a deal.

Amanda McGowan, please.

You are...?

I'm Lucy Hatcher,
rape crisis.

Second door on the right.
The doctor's in with her.

Try to get
a little rest.

I'm going to go talk
to your dad.

I'm sorry.
Who are you?

Lucy Hatcher,
rape crisis.

Oh, I already did
the rape kit.

I need to speak to the father,
then I'll be back.

Okay.

Amanda,
I'm Lucy Hatcher,

a counselor
from the rape crisis--

How old are you?

Eleven.

She's been gone
for over three hours.

They're usually
back here in an hour.

Well, let me check.

Excuse me.

Could you check on the status
of patient Rebecca Washington?

She went down
to radiology

for a CAT scan
several hours ago.

-Several hours ago?
-Yes.

Hold on.

Yes, ICU patient
Washington, Rebecca

went for a PET scan
and a CAT scan at 7:30.

She did?

At what time?

She's not in her room?

-No, she isn't.
-No, she isn't.

Would you check
with patient escorts, please?

Thank you.

She should be
up here shortly.

Well, when did
she leave radiology?

Well, I'm not sure,
but I'm sure she'll
be back here shortly.

(telephone rings)

Hold on.

ICU.

Um...

No, she isn't.

Mm-hmm.

Okay.

What's going on?

I'm going to page
the doctor.

Yes, before you
do that, nurse,

I want to know
where Ms. Washington is.

I don't know.

Well, who does know?

I don't know.

Is she lost?

At the moment,
that's a possibility.

You keep talking to me
in terms of contract, but--

Because that's
what we have, Michael.

-You and I--
-I understand,

and I fully intended
to go through with it, but--

So, what's changed?

What's changed is
circumstances.

How? Tell me.

Before, I was thinking
in terms of genetics,

in terms of sperm
fertilizing an egg.

But when it becomes
a person--

The idea was for it
to become a person, Michael.

Yes, but--
I had no conception

of how that would
affect me.

It will be my child.

No, it won't.
She will be my child.

And whatever
any contract may say--

All right, all right,
look, none of us wants

to turn this
into a big mess.

Well, that's exactly
what your client is doing.

Ellenor.

You were saying?

We're looking for paternity,
then joint custody when--

-Absolutely not.
-Ellenor, you'd be primary.

I will not raise my child
in a split environment,

having her pulled
between two--

Look, I'm here right now

trying to avoid going to court.
If you're--

Then go to court, Michael,

because there is
no way in hell

I am going to give you
joint custody.

Do you want us to take
a minute outside, while--

My position will not change
in a minute.

Then I guess we see you next
with a judge.

I'm not looking
for a battle, Ellenor.

Well, you've got one, Michael.

Come on.

We may not win,
Ellenor.

The law on this
in Massachusetts is untested.

Then we're
about to test it.

Listen,

I'm not necessarily saying
make a deal,

but if you agree
to some limited custody--

I won't.

My fear is if a judge
opens this thing up,

there's a risk
of full joint custody.

How? We have a contract.

I understand,

but what if that contract
doesn't hold up?

Are you suggesting, Ms. Garrett,

this was not a valid contract?

I'm suggesting that there was
no meeting of the minds.

It's the equivalent
of a mistake.

A mistake?

Yes, Mr. Hale had no idea
what he was giving up.

Now, wait a second.

Your Honor, this contract
violates public policy.

There is no question
that if my client wanted

to surrender a child
for adoption,

he couldn't do that legally

until four days
after the child was born.

And why is that?

Because the law
doesn't want parents

signing away their rights

before they know
what's really at stake.

Mr. Hale always knew exactly
what was at stake when--

How can you
make that claim?

Because he executed
a contract.

Yes, and perhaps
there should be a presumption

in favor of that agreement,
but it can't be irrebuttable,

not when you're talking
about a child,

and there will be a child
that this very much affects,

and that's what's dawning
on my client here.

His daughter will come to him
one day, like it or not,

and she may ask why she didn't
get to have a father.

What is he supposed
to do then--

Hold up a contract?

All right.

I want to hear
from the parties on this.

BERLUTI: Why?

Because if Mr. Hale is claiming
no meeting of the minds,

I want to explore

exactly what they thought
they were agreeing to.

2:00.

Jimmy,

please don't take this
the wrong way

because I know you're here
to support me,

and I really appreciate it,

but that was a horrible
performance in there.

If a contract is clear
on its face, which this one is,

you do not go behind it

to explore the intent
of the parties.

There was nothing ambiguous
in the language,

and you should have been
screaming that. Instead--

Ellenor, this isn't
an ordinary contract.

Yes, it is.
Yes, it is.

If you believe that,
you're not thinking clearly.

Now, listen to me.

That judge was not about to rule
on the face of the language,

not when it involves
a child.

He's taking into account
best interests.

You know it
as well as I do.

Fine.

Then I want to go
after Michael as unfit.

With what?

I'll tell you what.

We are looking into it,
I assure you.

You're looking into it?

How do you
lose a patient?

It's possible that
she could have been brought

to another patient's room who
also has the name Washington,

and we're
checking that out now.

What are
the other possibilities?

Well, she could have
regained consciousness.

She could be roaming
around the building.

Would she
be strong enough?

Well, she'd be weak,
but she had no injuries

that would prevent her
from being ambulatory.

Hello.

I'm Natalie Clarkson
from patient relations.

There's a problem?

Yes, there's a problem.
You've lost my daughter.

Okay, and she was
last seen where?

-She was last seen unconscious.
-Helaine--

They've lost Rebecca,
Bobby.

And now they send someone
from customer service?

You have lost my daughter,
who is in a coma.

What are you two
whispering about?

There is
another Washington,

a Regina Washington,
who is currently--

What room is she in?

Well, she's listed as being
in surgery right now.

Um, she's having
her kidney removed.

Hey, Luce.

Helen.

Hi, Amanda.
How you doing?

I'm okay.

Amanda, this is Helen Gamble.

She's a district attorney.

She's going to get the guy
who did this to you.

I heard you talked
a little bit to the police.

Can I speak to you, too?

Your dad said it would be okay
if I asked you some questions.

We can trust her.
She's here to help.

The good news is
we caught him.

At least I'm pretty sure of it.

What I was wondering is...

I was wondering
whether you'd be able

to look at what we call
a police lineup.

What's that?

Well, you look at five men
standing side by side,

and you point to the man
who did it,

if you see him.

-No.
-Well, Amanda--

No, I don't want
to see him.

Let me talk to Ms. Gamble
one second.

Does she have to?

The rape kit
turned up nothing--

No semen, no DNA.

This whole case comes down
to eyewitness testimony.

So it'll be her word
against his?

No. We have
another eyewitness.

A woman saw it from a balcony.

Well, can't you just
arrest on that?

Yes, but the truth is
if Amanda I. D. s him now

in a lineup,
our case gets better,

and she's more likely
to I. D. him at trial.

I don't think she's
strong enough emotionally

to see him.
I really don't.

I'll push it
through arraignment.

We'll see how it goes.

Thank you.

There just wasn't any room
in my life for a family.

As a photojournalist,

I'm always leaving
for Bosnia or Vietnam,

you name it.

I never even considered
having a child.

Until Ms. Frutt
asked for your help.

I knew
she wanted a baby.

When she approached me
to be the donor,

it just felt right,

and I knew how great
she'd be with a child.

And I thought
if I could do that for her,

give her that chance,

how could that be wrong?

-You signed an agreement--
-Yes.

...relinquishing your rights
as a father to this child.

All I can say is I made
a mistake.

I wanted it to work.

I signed the contract
thinking it would.

But this isn't some
abstract gift I can give.

It's a child...

my child, who deserves
to grow up

with the love of her father.

When you negotiated
this agreement,

did you have a lawyer?

Yes.

You intended to give up
your rights to this child.

Yes, but as I said--

And now you want the court
to disregard your intent.

I'm asking
that my current intent

be given more weight,
especially since it serves

the best interests
of this child.

Let's consider, then,

the interests of your son,
Mr. Hale--

The one who's seven years old.

-Objection.
-Overruled. What son is this?

Mr. Hale?

Seven years ago,

a girlfriend of yours
had a child.

I was young.

I wasn't ready
to act like a father.

-But now you are.
-Yes, now I am.

Are you being a father
to this seven-year-old boy?

-No.
-Why not?

You don't think he needs
the love of his father?

-Objection.
-Overruled.

Have you even met that son,
Mr. Hale?

Look, I lost the chance
to know my son.

I can't just walk up
to a seven-year-old kid

and introduce myself.

But here, I have a chance
to be there from the start.

Ever tell my client
you could never be
responsible enough

to raise a child?

I once thought that,
but I--

Oh, you changed your mind
on that, too.

People mature,
Mr. Berluti.

Is breaking a contract
a sign of maturity?

Have you ever been
a father, sir?

No, but you have,
seven years ago.

You failed.
You're still failing.

-Objection.
-Overruled.

And now you put
this woman under stress

while she's
eight months pregnant.

That's not my intent.

-You know your intent?
-Objection!

Withdrawn.

How many months a year
are you in town, Mr. Hale?

I am willing to adjust
my lifestyle to be here more.

-You have a girlfriend, sir?
-I do.

-How old is she?
-What relevance does her age--

The witness has suggested
that he's growing up.

How old
is your girlfriend, sir?

She's 20.

-Ever been convicted
of anything?
-Objection.

Whether he has a record,
I think,

-speaks to his fitness
as a parent.
-I'll allow it.

Ever been convicted
of anything, sir?

Let's make it easy.

Ever been convicted
in the last year?

Yes.

-Drugs?
-Possession of marijuana.

-Are you a pothead, sir?
-No, I'm not.

-But you smoke dope.
-I have used it recreationally

very occasionally.

But you've probably
changed your mind

about that now, right?

It wasn't her,

so wherever she is,
she's still got both kidneys.

Not a funny joke.

May I ask a question?
Has this happened before?

Not often,
but it has happened.

We're searching radiology.

After that, we're going through
every floor, every room.

Who took her?

Somebody had to wheel her
out of the CAT scan.

Yes, the escort who was
to bring Rebecca back to the ICU

finished work at noon.

We haven't been able
to find him, either.

He's not at home
and he doesn't have a cell.

Look, obviously
I can't excuse this.

All I can say...

I know she's somewhere
in the building,

and we'll find her.

(babies crying)

Is nothing beneath you?

Sir, you're represented
by counsel. You--

We have been,
maybe, best friends

most of our
adult lives,

and you attack me like that
for what-- Legal strategy?

You think
that was legal strategy?

I'm protecting my daughter.

Well, your turn comes next.

Case number 3216,

Commonwealth v. Bruce Wilson,

rape of a minor
under the age of 12.

Joshua Pashman
for the defense, Your Honor.

We waive reading.
We'd be seeking
personal recognizance.

-Opposed.
-My client has strong roots
in this community.

No job,
lives in a housing project.

We consider him dangerous
as well as a flight risk.

Bail is denied.

Move for a probable cause.

Tomorrow morning, 10:00.

Your Honor, I haven't yet
spoke with our witness--

Then why
are you filing charges?

Confer with your witness

and we'll see you
back here tomorrow.

(gavel pounds)

Ms. Gamble,
I'm Amanda's father.

Oh.

I'm very sorry.

What's going to happen?

Well, we have
a probable cause hearing,

so I need to find
the woman who witnessed--

She's right there.

Michael and I have been
friends for a long time.

I chose him as a donor
because I liked him,

for genetic reasons,
and most of all,

because I trusted him
on his word.

But you don't want him
as a coparent?

That's why we signed
this agreement.

Could you tell me
your main objection?

I don't believe
I need a man in my life

to raise
a happy healthy daughter.

There are a lot
of single mothers today

who are doing
whatever it takes to fulfill

their responsibilities
as a parent.

Moreover,

if I were sharing
those responsibilities

with a man,

I never would have
chosen Michael Hale.

Why don't you want him
to participate?

Because I'm not in love
with him,

and he doesn't love me,
and now...

I don't trust him.

I got pregnant--
I changed my life--

Based on promises he broke,

and if we were forced together
as coparents,

our entire relationship
would be grounded in betrayal,

and that mistrust would
most definitely harm this child.

But is it better
for the child

to lose contact
with her father?

In this case, yes.

It would be better
for my daughter

to have one loving parent

than to be thrown
into a situation

that is already filled
with tension and acrimony.

Are you suggesting Mr. Hale
is unfit to be a father?

How can I trust him to?

Look at his history.

Look at how he has
behaved here.

This is as irresponsible
as it is arbitrary.

I am eight months pregnant.
I'm in court.

He has put me under stress,
put the baby under stress,

all on his sudden whim
that he wants to be involved.

Well, if you agreed
to let him parent,

you wouldn't be in court.

Your Honor,
he may be well-intentioned,

but what's
his real motivation?

Who's to say
this isn't about guilt

over abandoning his son,

about redemption,
about himself,

rather than any real desire
to be a father?

So you don't need a man
to help you raise a child.

Are you currently
with a man, Ms. Frutt?

No.

If you were currently
involved with a man,

would you still
be having a child

as a single parent?

I don't know,
Ms. Garrett.

If I were sharing
my life with a man,

I would likely expect him
to be a part of this decision,

but I was not involved
with anybody

at the time
that I made this contract.

I was not involved
with your client,

nor am I involved
with anybody now.

I would never have chosen
to have a child with him.

Ms. Frutt,
if you were convinced

that Mr. Hale would, in fact,
be a model father,

would you change
your position?

No...

because I'm not
in love with him,

and I never--

I understand,
but let's be fair.

Then you are talking
about what you want,

not necessarily
the best interests of the child.

I don't accept that,
Your Honor,

because I don't accept
your hypothetical

that he could ever be
a model parent.

You consider yourself
an authority on parenthood?

I consider myself
an authority on my child.

Are you aware
of studies,

including one from
the U. S. justice department,

that show children
from single-parent homes

are more likely
to drop out of school,

more likely
to commit crimes--

Most of those studies

are pertaining
to impoverished families.

I have financial means.

Yes, because you work.
Plan to continue working?

Yes.

When do you plan to go back
to work, Ms. Frutt?

I'm not sure.

Within three years?

Yes.

Are you aware
of the studies showing

that the child's attachment
to the working mother

can be significantly harmed--

I'm aware of the studies
that reject that position.

Some even say
a child can benefit

from their experiences
at day care.

Do you plan to put the child
in day care?

I will not be cross-examined
on whether or not--

Ms. Frutt, if you go back
to work full-time,

you won't be the only
primary caregiver.

Who will help you?

I plan to hire.

You haven't yet?

No, because I haven't
needed to yet.

So we don't know

who this other
primary caregiver will be.

You just don't want it
to be her father.

He is not the father.
He is a sperm donor.

Okay.
Are you aware

of the U. S. Department
of Education report

that says children
do better in schools

when their fathers
are involved?

Well, I would be
very surprised

if that study embraced
nonresident fathers.

Well, it did,
but my question was

did you even
read the study?

No.

So what studies
on single parenting

did you rely on

before deciding
to become a single mother?

Are you aware,
for example,

that single-parent children

are more likely
to be antisocial,

more likely to suffer

from anxiety, depression,
hyperactivity,

are more likely to need
psychiatric care,

are more likely to commit
suicide as a teenager,

more likely
to drop out of school--

More likely than who--

Children of married,
intact parents?

What about divorced parents?
Are their children more--

So you are an authority.

Do you know the statistics,
Ms. Frutt?

I know all the risks,
Ms. Garrett.

And you simply decided
to assume them

on behalf of your daughter,
in her best interests?

Objection.
This is badgering now.

It is no such thing.

I am merely
trying to ascertain

whether the witness
knows of these studies,

knows of these statistics,
as she boldly claims

she knows what's best
for her daughter.

I know I am not a statistic
fighting to survive.

I have choices,

and I know my daughter
would be better off

without your client
as a coparent.

Because you make no room

for the possibility
that he can change.

And you don't want
to give him

the chance to change,
do you, Ms. Frutt?

Because it's not
what you want.

Please say it
for the record

because one day,

your daughter
may want to read it.

Well, hello there.

Where am I?

Not Las Vegas,
tell you that.

What happened?

What happened?

You need to ask
what happened?

You had a baby.

What do you mean,
I had a baby?

You had
a little baby girl.

Seven pounds, two ounces.

A beautiful little baby.

What are you talking about?

Maybe you better
lie back down.

No, you lie back down.
I didn't have a baby.

I was blown up.
That's what I was.

What's wrong?

Says she didn't have a baby,
she was blown up.

I know how you feel.

My first child, until they
gave me the epidural--

I didn't have a baby.
What's wrong with you people?

Can I get a phone?
I did not have a baby.

Can we make a call
for you?

Yes, Bobby Donnell.
753--

I know Bobby Donnell.

He had a baby, too.

Where the hell am I?

Is this some rubber room
or something?

I was blown up.
I didn't have a baby.

Roberta,
you need to calm down.

My name is not Roberta.
It's Rebecca.

I was never pregnant.
I didn't have a baby.

I never had a baby.
I don't want a baby.

Can you get that through
your baby-happy head?

Yes, you were blown up.

This is the missing patient.

Your name is Rebecca?

Yes.
Single, without child.

This is the missing patient.

And after he ran off,

I took her and her father
to the hospital.

Are you sure
about the man you saw?

Yes.

He lives in the building.

I know who he is.

Ms. Tritter,
I smell alcohol.

Have you been drinking?

I've had a few beers.

It's been a day.

At the time you saw the rape,
were you drinking then?

Two beers.

Our probable cause hearing
is at 10:00 A. M. tomorrow.

I'd prefer you not drink
before that.

Okay.

Rebecca!

Mom.

-Are you all right?
-I don't know.

Everybody keeps telling me
I had a baby

and that Bobby had a baby.
I don't know what's going on.

There was a Roberta Washington
who checked out.

Rebecca,
I'm Dr. Emmerick.

Can I just look in your eyes
for a second?

It's a miracle.

What happened?

I mean, I remember
some explosion,

and then these wackos
keep telling me

everybody's having babies.

Bec, Lindsay and I
did have a baby.

A little boy.
Robert Gordon Donnell.

You had a baby?

Yeah.

Did I?

How's it going?

Well...

I'm studying up.

I'll be ready.

Am I being selfish?

No.

What's best for that baby?

Not him.

Then that's the answer,
period.

Thank you.

I'll be ready, Ellenor.

We ain't losing this.

Okay.

Okay.

And when I looked down
from the window,

that's when I saw him.

Him being...

That man.
He was raping the girl.

Are you sure it was him?

Positive.

Thank you, Ms. Tritter.

No questions.

You can step down, ma'am.

Ms. Gamble, it's thin,

but I'm finding
probable cause.

The defendant
is bound over for trial,

and trial is scheduled
for march 12th.

Defendant
goes back into custody.

-We're adjourned.
-(gavel pounds)

Ms. Gamble...

Can I talk to you?

Sure.

Um...

will my drinking have to
come up at the trial?

Yes, Ms. Tritter.

You can call me Michelle.

Michelle, it will
definitely come up at trial.

The defendant's lawyer
is going to try

to discredit you
with your drinking.

I've seen stuff on the news
about this already.

I just recently
met a guy,

and I'm also trying
to get a job, you know?

If he makes me out
this big alcoholic...

listen,
I won't lie to you.

It'll be rough.

You're basically
our entire case.

What about the girl?

Well, she's not in the best
emotional shape right now.

I really need you, Michelle.

Okay.

There is simply
no basis whatsoever

for denying Michael hale
some limited custody.

Every study has shown
undeniably,

the child's
psychological well-being

is best served with a connection
to the father.

For young children,

it affects
cognitive development,

social competence,
the ability to trust.

Some studies have even linked

the father's involvement
to a higher I. Q.

Paternal involvement
during middle childhood

has been known to have
a positive effect

on school success.

Your Honor, these studies
are as sobering

as they are unanimous.

Fatherless kids are
more susceptible to depression,

more likely to commit crimes,
to drop out of school,

to commit suicide,

11 times more likely
to be violent,

more likely
to abuse drugs.

Does this mean
a single mother

can't successfully
raise a child?

Of course not.
It happens a lot.

And to be fair,

studies also show
that parental conflict

can have
a negative impact.

But the likelihood

is that this child
will be better off

with a connection
to her dad.

All we're asking for

is that he be allowed
to be involved.

With virtually every study,
every child psychologist

concurring that this is
in the best interests

of the child,

how can Ms. Frutt say no?

How can she not be willing

to even give Michael hale
a chance?

If he's willing
to adjust his work,

to change his lifestyle--

If he's matured

and he's ready
to accept responsibility.

Ellenor Frutt doesn't want
to give him that chance

because she wants to maintain
complete control over that baby,

and even if Michael hale
were the perfect father,

she would hold fast
to that position.

That is a selfish position.

It has absolutely
nothing to do

with the best interests
of this baby.

Ellenor.

I want to respond.

-Let me.
-Jimmy, I want--

Ellenor, sit.

I read all those studies,

I spoke with several experts,

and Ms. Garrett's right.

Better the child have
some connection to her father,

better he be involved
in her life

right from the start.

That's the best-case scenario,

but that scenario wasn't
available to Ellenor Frutt.

She wasn't with a man.

She decided she wanted
to be a single parent,

so she went to a friend

and asked him
to be a donor.

She never
would have done so

had there been a condition
of his parental involvement.

Never.

All these studies--

None of them apply to this
particular situation.

As for the best interests
of this particular child,

yes, we maintain
she is better off

with Ellenor
acting as a single parent,

better off without Mr. Hale.

He failed with his son,

he's never exercised
any real degree

of maturity or responsibility.

There are plenty of studies
to show

the damage
caused to a child

when a bond is broken
once a parent takes off.

We maintain it's a risk

letting this baby become
emotionally attached

to Mr. Hale.

Ms. Garrett says,
"Why not try?

Let's just see.
What's the harm?"

Well, it does do harm
in failure.

There are studies
to show that.

Ellenor Frutt
is the only person

who can be trusted
with this child's welfare.

She's the only one
who's earned that trust.

We don't let sperm donors

from sperm banks
across the country--

We don't let them
change their minds,

start requesting DNA tests

so they can
track down their offspring

and insert themselves
into the kids' lives.

He's looking
for special treatment

just because he knows
where his sperm went.

A deal was made.

Michael hale has made
no demonstration

with his past
or present behavior

that his involvement
as a parent

would run to the benefit
of this child.

Accordingly,
I would ask the court

not to overturn
the rights of my client

pursuant to this valid,
legally enforceable contract.

Why can't it
just be over?

I want it to be over.

Oh, honey.

All they need
is for you to testify

as to what happened
and who did it.

Please, Daddy.

Look, we don't have to
talk about this right now.

(door opens)

Hey. How's it going?

You tell us.

Could I talk to you
outside for a second?

All I have
is an eyewitness

from a considerable distance

who was probably
under the influence.

Even with your daughter
testifying, I--

She's easily shakable,
Mr. McGowan.

What are you telling me?

It doesn't look good.

He lives in our building.

You have to get him,
Ms. Gamble.

He lives in our building.

You can't lose this bastard.

It'll be tough, Mr. McGowan.

He lives in our building.

WOMAN: All rise.

Be seated.

I've never had
a case like this.

There's contract law,

and there's best interests
of the child.

As a matter
of public policy,

I have to give the latter
more weight.

Ms. Frutt,
all the prevailing studies

favor a child's connection
with a father.

While I don't doubt
a single mother

can successfully
raise a child,

I don't think
single parenting

gives you or your daughter
an advantage.

I certainly salute
your resolve and fortitude.

But I am reminded
of Penelope Leach's words.

"Why is it
socially reprehensible

"for a man
to leave a baby fatherless,

"but courageous or admirable
for a woman to have a baby

whom she knows will be so?"

In looking
at this particular case,

I don't know whether this child
will be better served

by Ms. Frutt acting alone

or with Mr. Hale's
involvement.

It's crystal ball gazing,

and I just don't know...

and I don't like to rule
on statistical probabilities.

Without clear
and convincing evidence,

I'm going to let the contract
tip the scale.

I find the agreement
at issue here valid.

Plaintiff's legal rights
as a father

are thereby terminated.

The request to add
Mr. Hale's name

to the birth certificate
upon delivery is denied.

And we are adjourned.

♪ (theme)

You stinker!