Film-Tech Forum ARCHIVE: Sperm Donor Must Pay Child Support

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Posted by Steve Kraus (Member # 476) on 07-26-2004, 03:11 PM:

Think twice before donating your special men...er...specimen.
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From CNN

HARRISBURG, Pennsylvania (AP) -- A state appeals court ruled that a verbal agreement between a woman and her sperm donor was invalid, and ordered the man to pay child support for the woman's twins.

The three-judge panel ruled Thursday that the deal between Joel McKiernan and Ivonne Ferguson -- in which McKiernan donated his sperm and would not be obligated to pay any support -- was unenforceable because of "legal, equitable and moral principles."

Despite an agreement that appeared to be a binding contract, the father is obligated to provide financial support, the court decided.

"It is the interest of the children we hold most dear,"' wrote Senior Judge Patrick Tamalia.

McKiernan's attorney said he may appeal.

The decision could have implications for sperm and egg donors who expect anonymity, said Arthur Caplan, a professor and medical ethicist at the University of Pennsylvania.

"Anybody who is a sperm donor ought to understand that their identity could be made known to any child that's produced, and they could be seen by the courts as the best place to go to make sure the child has adequate financial support," he said Friday.

According to the trial judge's opinion, Ferguson and McKiernan met while working together and had a two-year affair. The relationship waned by late 1993, when Ferguson convinced McKiernan to act as a sperm donor with no responsibility for any child born as a result, the opinion said.

McKiernan, who has paid up to $1,520 a month in support since losing the case at trial, said he was not pleased with the ruling, but declined to comment further.

Ferguson's lawyer, Elizabeth Hoffman, said there was never evidence of an agreement between the two in which McKiernan would not have to pay any support.

"There was no evidence except his word and her word and it was a matter of credibility," he said.

Posted by Phil Hill (Member # 371) on 07-26-2004, 04:32 PM:

This is a clear case of her having in for him cuz he had it in for her.

>>> Phil

Posted by Bill Enos (Member # 440) on 07-26-2004, 04:32 PM:

This story doesn't mention whether it was artificial insemination or sex by contract. It was artificial, he ought to appeal and if he then loses leave the country to avoid paying. If it was screwing by contract, he should have known better.

Posted by Wolff King Morrow (Member # 2226) on 07-26-2004, 06:30 PM:

I think the point is he knew his sperm was being used for impregnation, hence, he was morally obligated to judge the outcome of his act. You can't just give a woman your sperm in a private agreement and not have to worry about the condition the children will be living in. They wouldn't exist but for the act of the father, which makes it just as much his judgement as hers.

Posted by Steve Kraus (Member # 476) on 07-26-2004, 07:43 PM:

It's not clear from the article if the court simply doesn't believe an agreement exists or if it's void for some other reason. They don't say what the woman claims. If she claimed there was no such agreement and the man has no proof then this case has little consequence except get it in writing next time.

But if they are saying there was an agreement but it's invalid for some other reason then this is opening a hornets' nest if allowed to stand. For example they could say yes the agreement between the man and the woman exists but this action is being brought on behalf of the child and even though the mother is legally empowered to act on the minor child's behalf any agreement she has entered into that voids the child's right to support isn't in the child's best interest and is void for that reason. If something like that happened and withstood appeal it would pretty much mean the end of sperm donation unless they allowed donors to be truly anonymous which seems unlikely given the need for medical backgrounds etc.

Posted by Manny Knowles (Member # 1171) on 07-26-2004, 07:56 PM:

It seems clear to me that if a woman gets herself pregnant of her own volition -- via artificial insemination or "sex by contract" -- then she should be held 100% responsible for the child/children she produces. Especially if the man is "brought in" for this purpose alone.

And I would not be surprised to learn that this entire legal stunt was engineered to strike fear into the hearts of otherwise compassionate men in an attempt to reduce the number of donors and, eventually, eliminate future "non-traditional" families.

Posted by Dennis Benjamin (Member # 1137) on 07-26-2004, 10:10 PM:

Get it in writing... Like the lawyers do....

Posted by Jason Black (Member # 684) on 07-27-2004, 12:10 AM:

I sense paranoia in a post... [Roll Eyes]

Anyone donating sperm, is, in fact, playing russian roulette. With the ambulance chasers out there today, you'd not get me to donate for any reason..

Besides, the world is full enough with ME in it.. LOL....

Posted by Pravin Ratnam (Member # 1417) on 07-27-2004, 12:29 AM:

No way I donate sperm and have no say in the matter. I dont understand people who donate sperm. It is still your kid.

The girl obviously tricked the fool. He is paying for his foolishness.

Posted by Fred Georges (Member # 505) on 07-28-2004, 02:15 AM:

And don't think you're totally safe with Oral Sex either. I do lots of projection for Medical conventions & last year did a Major OB/GYN symposium where one of the lecturers presented the case of a 19 year old inner city female born without a Vagina who became pregnant in the most bizarre fashion this side of Ripley. Evidently, being vagina-less was not as much of a handicap to Her scores of Male admirers. Her "steady" boyfriend became enraged when He caught Her orally servicing another Man. He shotgunned Her in the chest causing some of the semen to leak from Her lower esophagus into Her chest cavity. Between all the Blood & tissue damage life found a way and the semen migrated & fertilized Her egg. She lived & delivered a Baby by C-section. He was more technical in His descriptions & the audience asked pointed questions which He answered to their collective satisfaction. Sounds like Urban legend but, He was the Doctor who monitored the Pregnancy & delivered the baby. Glad I stayed awake for that one. [Eek!]