Jason Patric Wins Appeal in Battle for His Son

Actor can go back to court and continue his fight to be named Gus's father.

May 14, 2014 — -- Jason Patric has won an appeal in Los Angeles in his fight to be recognized as the father of a 4-year-old boy, Gus -- allowing the "Lost Boys" actor to take his case back to trial after losing an earlier round in court.

Patric biologically fathered the boy with his former girlfriend, Danielle Schreiber. They conceived the child via in-vitro fertilization, or IVF, and co-parented for more than two years before their relationship ended.

Read: 'Lost Boys' Actor Jason Patric Takes Custody Battle to LA Court

Because Patric donated his sperm, an earlier court decision found he was a sperm donor and had no parental rights.

In addition, Patric never signed a birth certificate, Schreiber said.

In a statement to ABC News prior to today's decision, Schreiber said Patric offered to donate sperm after the two broke up “under the express condition” that it be kept secret and “that he would not be a father to or have any obligations, rights or responsibilities for my child.”

Related: Jason Patric: My Son May Face ‘the Most Severe Form of Alienation’

A judge in the earlier case agreed, barring Patric from seeing Gus.

But Patric said he's been a dad from day one. His ammunition included forms he signed at the sperm clinic promising "an intent to parent."