( CNN ) Robert Boardwine 's path to fatherhood was unconventional , but Virginia 's appeals court said Tuesday he is legally entitled to be a part of his son 's life . Boardwine 's friend , Joyce Bruce , had used his sperm and a turkey baster to get pregnant . She thought after she learned she was with child that they should just be friends . She also thought that because they never had sex , she was entitled to be the boy 's sole parent , according to court documents . The Court of Appeals of Virginia decided differently in weighing the commonwealth 's assisted conception statute and denying Bruce 's appeal to deny Boardwine visitation . It agreed with a circuit court ruling that method of insemination did n't come from medical technology . `` The plain meaning of the term 'medical technology ' does not encompass a kitchen implement such as a turkey baster , '' the appeals court wrote in its decision . Bruce 's attorney , Monica T. Monday , said she would need to talk to her client before she can comment about whether they will file an appeal . Boardwine initially was hesitant when Bruce approached him in 2010 with the turkey baster idea , the court document says . They talked about writing their agreement down on paper , but that never happened . They tried the turkey baster method a few times . He 'd come over to her house , go to a room alone , bring his sperm in a plastic cup , they 'd chat , and he 'd leave . Then she 'd use the kitchen utensil and wait . After she did n't get pregnant , she twice tried a fertility doctor . No luck . She and Boardwine tried a few more times , and in July , she learned she was going to have a baby . Boardwine came by the house with a stuffed bear and clothes for the baby . Things were OK . He thought he was going to be able to see the newborn as often as he wanted . She thought he could have `` some involvement , '' the appeals court decision says , but she would be the sole parent . He 'd be like any other friend , certainly not have formal visitation . Then they argued . Over what to name the baby . They did n't speak for more than five months after that . The baby was born , and Boardwine says he learned about the baby 's arrival from someone else . He went to the hospital and saw the boy at Bruce 's home . Joyce Bruce said the visits were `` strained . '' She told Boardwine to stop coming . So he took the matter to court . Bruce argued that she used `` noncoital reproductive technology '' to get pregnant , and Boardwine was technically a sperm donor . He argued that he always expected to be a dad , going to the kid 's games and taking part in making decisions on schools and medical needs . A court-ordered DNA test proved Boardwine is the biological father . The appeals court affirmed the lower court 's ruling , saying the turkey baster does n't constitute reproductive technology . Boardwine was awarded joint legal custody and visitation . CNN also reached out to his attorney Tuesday but did n't get a reply . CNN 's Tony Marco contributed to this report .
In July 2010 , Joyce Bruce got pregnant in an unusual way -- with repeated attempts using a turkey baster . She was told she had to have the baby immediately or risk losing her job and being evicted from her home. They ended up in court , and he has won joint custody and visitation rights .