. >> never amrid to pplied to me. i am not a dennor more than she is.he sperm, egg put it in a test-tube. why, i am a man. does that make me a donor? >> definitely an area where technology is outpacing the law. and the law is trying, it is struggling, it is grappling to figure out a way to deal with these changing technologies. >> reporter: it might sound lkek a he said/she said. the gray area the law. in california a man who goes to a doctor to donate his sperm has no parental rights unless there is a written agreement before conception. patrick and shriver did not have that. but the law also says the man who essentially acts like a parent towards his child can be recognized as a parent. and that's how patrick sees himself. >> i will fight with everything i have to get my son back. >> reporter: after court today shriver would not talk to us. but she did send a written statement saying "i chose to use a known donor over a stranger based on jason's expressed commitment he would not seek parental rights to my child. and the reason she no longer wants patr