Sperm Donor to pay child support

[JagFarlane]

So...back in 1989 a doctor donated his sperm to one of the residents and her lesbian partner so they could have a child.
Fast forwards 18 years....and a judge in NY ruled that he owes 18yrs of back child support, as well as has to support the child through college. Hmmm...

Oh, and the kicker? He can't even get a DNA test done, the mother would allow it, but the judge won't...

Story here

 

[voluptuary_manque]

So...back in 1989 a doctor donated his sperm to one of the residents and her lesbian partner so they could have a child.
Fast forwards 18 years....and a judge in NY ruled that he owes 18yrs of back child support, as well as has to support the child through college. Hmmm...

Oh, and the kicker? He can't even get a DNA test done, the mother would allow it, but the judge won't...

Story here

Oh, that one's going to make some lawyers rich!

 

[starrkers]

Hmm, that should be a good way to ensure sperm donorship dries up.

Wonder if they'll apply the same ruling to women who donate ova for in vitro couples?

 

[rgraham666]

Christ, no!

He's had nothing to do with raising the child as far as I can tell. All he did was donate some sperm with the understanding it would be their kid.

He's off the hook as far as I'm concerned.

 

[mynameisben]

Okay, now I can't give my sperm to fertile, young lesbian couples. Great. I only make like 300 million of them a day. With all these crazy restrictions, what's a poor guy supposed to do?

 

[PrincessErin]

.....

 

[3113]

This is going to be appealed and I hope the next court up tosses out this crazy assed ruling! Otherwise sperm banks are going to go dry and infertile couples will be S.O.L. (And I don't think sperm banks or infertile couples are going to stand for that, so bet on it, it will be appealed all the way to the Supreme Court if need be).

I mean, that's the whole agreed upon deal--the man gives his sperm as a gift to those who can't have a child otherwise--and by gift I mean he does not ask for legal rights to the kid as a father--and those who raise the kid agree to wave the child support he would have to pay, as if they didn't he'd would not wave his rights to the child.

I say he should sue back and demand his 18 years with the kid that he didn't get as a father if he's going to have to pay that much child support. The kid should be forced to spend 18 summers and Christmases with dad in order to get the money.

I mean, really. This ruling can't possibly stand. Or if it does, someone's going to create a law very quickly that lets sperm donors off the hook, and does so retroactively. The Judge is wacked and should never be allowed to preside in a courtroom again.

 

[voluptuary_manque]

He should not have to pay child support however he should have signed a document stating the intentions of all parties. Since that was not done the judge was able to make the ruling he did.

With that said I'm sure sperm banks have a legal team to deal with these issues since not everyone who goes to a sperm bank is running around asking for child support.

It sounds like this was done on a personal level - friend helping out a friend.

Erin

I wonder if this is a set up among the three of them testing the current state of the law. Sounds like the hard way to do things if it is.

 

[john-the-author]

I remember asking Heronner about this several years ago, and there's actually an enormous amount of precedent and principle that the child of such issue cannot have signed away her/his rights in this and does have a right to make a claim. It sounded weird to me but she assured me that it really was the right thing to do generally.

Nevertheless, I think that this is wrong: going after a sperm donor for child support when that wasn't the deal is just wrong. OTOH, it really makes me glad that I didn't choose to provide the sperm 20-some years ago for a lesbian I knew who really wanted a child and wanted me to be the father.

 

[Carnevil9]

I don't think he should have to, if the arrangement is truly as stated. But how do we know that it is? In the eyes of the law, he's the father. Unless he started off with an ironclad contract showing that the lezbo couple were taking over all responsibility, he's still on the hook, right or wrong.....Carney

 

[jomar]

That's equivalent to those crazy ass lawsuits where the criminal sues and wins for getting hurt while breaking and entering a school building.

 

[only_more_so]

So...back in 1989 a doctor donated his sperm to one of the residents and her lesbian partner so they could have a child.
Fast forwards 18 years....and a judge in NY ruled that he owes 18yrs of back child support, as well as has to support the child through college. Hmmm...

Oh, and the kicker? He can't even get a DNA test done, the mother would allow it, but the judge won't...

Story here

What's really ridiculous about this is that it's after the child is already legally of age! It would be one thing to say back child support (stupid but almost understandable) but college? Normal parents don't even have to support their children once they're 18.

 

[PrincessErin]

.....

 

[Boxlicker101]

I would be inclined to think he should not have any obligation, but this s not an anonymous donor at a sperm bank. The man had some of the perks of fatherhood, and he did put his name on the birth certificate. And, there are precedents.

Even so, I think that, to be fair, he should have no obligation. However, "should" is just what I think. sometimes the law is an ass.

 

[Zeb_Carter]

I would say no.

Although he should have gotten a signed document, notarized and witnessed.

Any sperm detonator will want to be anonymous...

Jerk off in a tube...send it parcel post...with no return address, with just a little note - typed not hand written - "Here you go, have fun, don't call me, cuz I sure won't be calling you."

 

[GabrielDaemon]

It won't fly and it won't hold on appeal. Don't know if the lesbian parents are just broke and wanting to do the American thing and get money for nothing, or if they have other issues that compel them. Don't really care either way.

They should be happy he helped give them the happiness of rearing and raising a child from the womb.

On the other side of the coin, I could say he's due eighteen years of Father's Day ties, Christmas cards and birthday announcements . . . .

Turnabout is fair play, you know.

 

[keeblercrumb]

Rocket Man

So...back in 1989 a doctor donated his sperm to one of the residents and her lesbian partner so they could have a child.
Fast forwards 18 years....and a judge in NY ruled that he owes 18yrs of back child support, as well as has to support the child through college. Hmmm...

Oh, and the kicker? He can't even get a DNA test done, the mother would allow it, but the judge won't...

Story here

The problem is, of course, is there is legal precedent for biological parenthood being the principle determinent in who should pay child support..... Being an objective test, its an attractive method for making decisions in these complex and emotionally charged cases.

I can even accept as a principal that being responsible for bringing life into the world means... well... being responsible, no matter how noble the reason is.

What I do not understand is why the alledged "agreement" for him to have no responsibility was not binding. You can't void a contract, even a oral contract, be later "changing your mind". Apparently, the lesbian couple must be disputing that "fact"..... If it isn't a "fact", then the whole thing is in dispute... and hence, the reliance on the paternity test.

The article also does not say if the mother EVER sought support.... There simply MUST be a lot to the story is not reporting... having quotes from only HIS lawyer is further evidence that all may not be as it would appears from the article.

Clearly the main "winners" here, as noted above, will be the lawyers on both sides......

And, if the facts prove to be as described, the clear losers will be future lesbian couples seeking sperm donors...

And for the good Doctor... congratulations! Having taken in a niece and a nephew during their teenage years, I now have a son and another daughter and grandchildren to bless my life with. It's all good...and worth any amount of money.

-KC

 

[JAMESBJOHNSON]

If the mother put the donor's name on the birth certificate he's likely toast, legally.

I was involved in several of these cases. Sometimes its sad and frustrating.

In one case mom got pregnant by a cop, but put hubby's name on the birth certificate. Then the cop wanted to be involved with the kid, but mom said NO and the court said NO because the cop's name wasnt on the birth certificate.

 

[dr_mabeuse]

Yeah, there's got to be more to this story than what meets the FBeye, as they say. You can't tell much from that little article in terms of legal precedent or the details of the case.

But you know, there's something about mixing friendship and sex and money. It's just never a good idea.

 

[R. Richard]

I remember asking Heronner about this several years ago, and there's actually an enormous amount of precedent and principle that the child of such issue cannot have signed away her/his rights in this and does have a right to make a claim. It sounded weird to me but she assured me that it really was the right thing to do generally.

That's the problem. When a contract involves a minor child [child to be on this case,] the state then becomes a party to the contract. The state then decides the issue based upon what's best for the child, as long as the state doesn't have to pay.

 

[oggbashan]

In the UK the law has been changed so that sperm donors can now be identified by the child when the child reaches 18.

The result was obvious. The number of sperm donors (who were NOT paid) has declined substantially.

Og

 

[redpaint]

This is why the name of the doner should never be knowen to the person reciveing the sperm.