Gus' mother, massage therapist Danielle Schreiber, dated Patric off and on but argued that they agreed she would raise Gus alone because he did not want to be a father, according to those familiar with the case. According to her lawyers, Patric also insisted that his biological fatherhood be kept secret and did not see Gus during most of his first year of life.
Patric and his lawyers said this was untrue. They said the couple decided to have Gus and raise him together, but when the relationship ended, Schreiber took him away. A pre-conception document signed by the Patric and Schreiber was not considered in court because the judge said it wasn't binding. The document was signed in 2009, before a 2011 law requiring such a document in order for a sperm donor to be considered a natural father, Silberberg added.
Schreiber won the case in February, but Patric has appealed. Silberberg said the judge determined Patric didn't have the right to sue because he was a sperm donor.
"Technically, what we won is the parentage case," Fred Heather, Schreiber's attorney, told ABCNews.com. "We won the argument that she is the sole legal parent of the child and, therefore, as a result of that the court does not have jurisdiction to reward custody."
Hill, a Democrat from San Mateo, Calif., introduced the bill in January. His spokesman said he did so because he wrote previous legislation that Heather used in court to win the case against Patric. Hill's spokesman said he never intended the legislation to be used this way and wanted to close the "loophole."
Hill and Patric have not met.
The state assembly is expected to vote on the bill in August.