Full Version: Sperm Donor Must pay Child support
A lot has been made of a semi-recent case involving a man who donated sperm who was years later was ordered to pay child support.
The story:
Court rules sperm donor must pay support
Question:
Will the ruling of this case cause a reduction of sperm donations at sperm banks?
Should this man have to pay support?
In my opinion this case will cause a reduction in donations, temporarily, from those that have only read the headlines and from those who read the deeper detail in the case.
The issue in this case was that the woman denied that there was ever an agreement to waive the mans financial responsiblities. The fact that they both had known each other and had been intimate for a few years was signifcant in this case as well. However, there was no dispute that this was a donation as it was artificial insemination. Since this was a verbal agreement and was never put into writing it became a "his word against her's" case. As a result, he should have to pay support because he did not take the most basic step to protect himself, that being get it in writing stupid.
From the article:
However, that part scares me. As a result of this language, I for one will never be a donor. Only 19 states have adopted laws that protect donors from these obligations. I don't want to be a test case even if the agreement is in writing.
If more men read these details of the case then it is likely that the case will lead to a reduction in donations.
It seems to me that the solution is to nationally adopt legislation to protect donors from such claims and to require the recipient to sign an acknowledgement of this prior to receiving this donation.
The story:
Court rules sperm donor must pay support
Question:
Will the ruling of this case cause a reduction of sperm donations at sperm banks?
Should this man have to pay support?
In my opinion this case will cause a reduction in donations, temporarily, from those that have only read the headlines and from those who read the deeper detail in the case.
The issue in this case was that the woman denied that there was ever an agreement to waive the mans financial responsiblities. The fact that they both had known each other and had been intimate for a few years was signifcant in this case as well. However, there was no dispute that this was a donation as it was artificial insemination. Since this was a verbal agreement and was never put into writing it became a "his word against her's" case. As a result, he should have to pay support because he did not take the most basic step to protect himself, that being get it in writing stupid.
From the article:
QUOTE
A three-judge panel said the deal between Joel L. McKiernan and Ivonne V. Ferguson that he would not be obligated for any child support was "on its face" a valid contract, but it was unenforceable due to "legal, equitable and moral principles." Previous state appellate rulings had determined that parents may not bargain away a child's right to support.
"We agree with the trial court, 'although we find (Ferguson's) actions despicable and give (McKiernan) a sympathetic hue, it is the interest of the children we hold most dear,'" wrote Senior Judge Patrick R. Tamalia in a ruling issued Thursday.
"We agree with the trial court, 'although we find (Ferguson's) actions despicable and give (McKiernan) a sympathetic hue, it is the interest of the children we hold most dear,'" wrote Senior Judge Patrick R. Tamalia in a ruling issued Thursday.
However, that part scares me. As a result of this language, I for one will never be a donor. Only 19 states have adopted laws that protect donors from these obligations. I don't want to be a test case even if the agreement is in writing.
If more men read these details of the case then it is likely that the case will lead to a reduction in donations.
It seems to me that the solution is to nationally adopt legislation to protect donors from such claims and to require the recipient to sign an acknowledgement of this prior to receiving this donation.
QUOTE
Will the ruling of this case cause a reduction of sperm donations at sperm banks?
Life sure gets complicated, doesn't it? If I were a man, I would not make a donation under these circumstances. As a matter of fact, this is scary.
QUOTE
Should this man have to pay support?
I don't think so. There is nothing that said that this woman signed their contract under duress or didn't understand the meaning of the contract. I would not want to short-change the twins, but this seems patently unfair. The woman went into this with her eyes open. The man.....?
Oh yeah--they didn't put it down on paper--well, it goes to show that a man doesn't have to have a BRAIN to donate sperm, and she saw him coming. Shame on her, and shame on him for being gullible. You can't have a gentleman's agreement with a woman, apparently.
But why did she wait five years?
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amf started this topic here.
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