Sperm donor wins child support battle

Liebling:-))) · 03-13-2008, 03:01 AM

Sperm donor wins child support battle

Mother can't renege on payment deal, Pa. Supreme Court rules

Quote:

HARRISBURG, Pa. - The Pennsylvania Supreme Court ruled that a woman who promised a sperm donor he would not have to pay child support cannot renege on the deal.

The 3-2 decision overturns lower court rulings under which Joel L. McKiernan had been paying up to $1,500 a month to support twin boys born in August 1994 to Ivonne V. Ferguson, his former girlfriend and co-worker.

“Where a would-be donor cannot trust that he is safe from a future support action, he will be considerably less likely to provide his sperm to a friend or acquaintance who asks, significantly limiting a would-be mother’s reproductive prerogatives,” Justice Max Baer wrote in the majority opinion issued last week.

Arthur Caplan, chairman of the Department of Medical Ethics at the University of Pennsylvania, said the decision runs counter to the pattern established by similar cases, where the interests of the progeny have generally been given great weight.

“It sounds like the Pennsylvania court is trying to push a little harder into the brave new world of sperm, egg and embryo donation as it’s evolving,” Caplan said.

McKiernan’s lawyer, John W. Purcell Jr., said Wednesday an adverse decision against his client would have jeopardized the entire system of sperm donation.

“That wouldn’t just include Pennsylvania, because we found out in the course of this trial that many doctors order their sperm for their artificial inseminations out of state,” he said.

Ferguson and McKiernan met while working together at Pennsylvania Blue Shield in Harrisburg and had a sexual relationship that waned before Ferguson persuaded him to donate sperm for her.

Courts found that the two agreed McKiernan would not have to pay child support and would not have visitation rights, but Ferguson later changed her mind and sued.

A county judge said it was in the twins’ best interests that McKiernan be required to support them. In addition to monthly payments, McKiernan also was ordered to come up with $66,000 in back support. The appeal reverses that order.

Elizabeth Hoffman, Ferguson’s lawyer, did not immediately return a phone message seeking comment left at her office Wednesday.

Justice J. Michael Eakin, in a dissent, said a parent cannot bargain away a child’s right to support. “The children point and say, ’That is our father. He should support us,”’ Eakin wrote. “What are we to reply? ’No! He made a contract to conceive you through a clinic, so your father need not support you.’ I find this unreasonable at best.”

Sperm donor wins child support battle - Life - MSNBC.com

What do you think of this?

Come and discuss

doh · 03-13-2008, 05:26 AM

Depends on the wording of the agreement between the father and mother...

Aleser · 03-13-2008, 06:58 AM

He may be their "father" biologically, but only to the extent of, to put it kindly, masturbating in a cup. The mother clearly made a deal with the DONOR that he would not take up the role of FATHER with these children, and he agreed. She shouldn't just be able to say "screw it, I want your money" years later.

As was said, saying that he has to support the children is going to stop ANY potential donor from donating, because they'll be terrifed of something like this happening- this would also negetively impact women who are trying to have a baby.

There's no debate. People have donated sperm without being expected to support the child that is produced as a result of their donation. It should stay that way.

LakeTahoe · 03-13-2008, 07:05 AM

If mother don't want the child support or a visit right, she should have write on black and white (written up on paper). But my wild guess she may didn't do that. But sad that she have to pay back 66K! I wonder how can she come up with that kind of money.

If I was in shoe, I would do that so I won't loose my precious child/children! I would seek a lawyer and write up for the agreement before get pregnant.

And I agree with Aleser (see quote below)

Quote:

There's no debate. People have donated sperm without being expected to support the child that is produced as a result of their donation. It should stay that way.

GarnetTigerMom · 03-13-2008, 09:28 AM

OUch! Now that a very big messy situation. Once you get pregnant by a sperm donor. She should know better that a donor should remain anonymously without child support and legally she should have not done it.

PuyoPiyo · 03-13-2008, 11:57 AM

Women who get the sperm from the sperm banking, and then expecting a biologically father to pay the child support disguest me. No further word from me..

jillio · 03-13-2008, 01:38 PM

Quote:

Originally Posted by Aleser

He may be their "father" biologically, but only to the extent of, to put it kindly, masturbating in a cup. The mother clearly made a deal with the DONOR that he would not take up the role of FATHER with these children, and he agreed. She shouldn't just be able to say "screw it, I want your money" years later.

As was said, saying that he has to support the children is going to stop ANY potential donor from donating, because they'll be terrifed of something like this happening- this would also negetively impact women who are trying to have a baby.

There's no debate. People have donated sperm without being expected to support the child that is produced as a result of their donation. It should stay that way.

Nodding agreement.

Tousi · 03-13-2008, 01:44 PM

Well, that's one bank deposit that did not generate the usual 2% interest.

Freaky Cat · 03-13-2008, 04:46 PM

the woman should have not agree to the agreement in first place so it is her fault. She cant back out of the agreement that she and the father orignially agreed to no child supports and no visistations. She just cant changed her mind years later. that doesnt work!

***Jolie77*** · 03-13-2008, 08:07 PM

Quote:

Originally Posted by Aleser

He may be their "father" biologically, but only to the extent of, to put it kindly, masturbating in a cup. The mother clearly made a deal with the DONOR that he would not take up the role of FATHER with these children, and he agreed. She shouldn't just be able to say "screw it, I want your money" years later.

As was said, saying that he has to support the children is going to stop ANY potential donor from donating, because they'll be terrifed of something like this happening- this would also negetively impact women who are trying to have a baby.

There's no debate. People have donated sperm without being expected to support the child that is produced as a result of their donation. It should stay that way.

Agreed.

Hypothetically, If the Pennsylvania State Supreme Court found the favor on the mother's side granting the order of child support to be paid by the sperm donor - That will throw the system out of the loop. It will not only affect the women who are trying to have a baby but it will also affect the sperm donor by having their rights to donate the sperm without having a liability to regard within the child support. If it were to happen, I am pretty sure that it will open a floodgate for many other aspects which is not going to be good.

jillio · 03-13-2008, 08:39 PM

Quote:

Originally Posted by Jolie_77

Agreed.

Hypothetically, If the Pennsylvania State Supreme Court found the favor on the mother's side granting the order of child support to be paid by the sperm donor - That will throw the system out of the loop. It will not only affect the women who are trying to have a baby but it will also affect the sperm donor by having their rights to donate the sperm without having a liability to regard within the child support. If it were to happen, I am pretty sure that it will open a floodgate for many other aspects which is not going to be good.

**nodding** People too easily ignore that slippery slope we open up with issues like this. Thank God, the courts kept it in mind in this case.

Pacman · 03-13-2008, 08:47 PM

Quote:

Originally Posted by PuyoPiyo

Women who get the sperm from the sperm banking, and then expecting a biologically father to pay the child support disguest me. No further word from me..

Yup, of course... It's so disgusted.

If women got sperm from sperm donor = no child support.

PuyoPiyo · 03-13-2008, 11:04 PM

Quote:

Originally Posted by Pacman

Yup, of course... It's so disgusted.

If women got sperm from sperm donor = no child support.

Exactly about your last sentence.. It's the woman's choice to have the baby, and it was not the biological father's fault that woman bought a sperm and impregnanted herself.

***VamPyroX*** · 03-14-2008, 01:56 AM

I'm glad that he doesn't have to pay child support.

"donor" is "donate".

He donated his sperm with the intention that she could do whatever she wanted to do with it. She willingly let herself get pregnant with his sperm with the agreement that it was a donor and not as "husband & wife" or "father & mother". He gave up his rights to his sperm donation. Therefore, all obligations are released from him.

So, she can't go after him if she agree that he's not responsible for the baby's future.

If they were to say that he has to pay, then this would lead to bigger problems with all sperm donors.

What if I donated sperm? Ten women are pregnant from my sperm. Now, I'm stuck with paying child support for those 10 kids plus my own kids (if I had any). Do you really think that's fair? No.

Liebling:-))) · 03-14-2008, 08:28 AM

for share your post here.

Quote:

Accord article:
Ferguson and McKiernan met while working together at Pennsylvania Blue Shield in Harrisburg and had a sexual relationship that waned before Ferguson persuaded him to donate sperm for her.

Courts found that the two agreed McKiernan would not have to pay child support and would not have visitation rights, but Ferguson later changed her mind and sued.

First of all, McKiernan is very lucky that the court is on his side. Normally he should pay child support to her because there're no agreement contract between them. Mc Kiernan should advise to her to go Sperm Bank or made an agreement contract with her via lawyers before donate his sperm to her. I would say the fault on both side but Mc Kiernan is very lucky!

Ferguson should think twice how expenses to raise a child. I feel sorry for those children... How could they react when they learn that their mother made "business" with her co-worker to create them...

PuyoPiyo · 03-14-2008, 08:56 AM

Quote:

Originally Posted by Liebling:-)))

for share your post here.

First of all, McKiernan is very lucky that the court is on his side. Normally he should pay child support to her because there're no agreement contract between them. Mc Kiernan should advise to her to go Sperm Bank or made an agreement contract with her via lawyers before donate his sperm to her. I would say the fault on both side but Mc Kiernan is very lucky!

Ferguson should think twice how expenses to raise a child. I feel sorry for those children... How could they react when they learn that their mother made "business" with her co-worker to create them...

Yupp, taking advantage of the children and being a mother is just stupid thing to do, probably much more than just stupid..

Barbaro · 03-15-2008, 11:44 AM

I concur with Aleser.

I remember the scene from Legally Blonde where she and her class were discussing the sperm donor case.

She says, "For that matter, any masturbatory emissions, where the sperm is clearly not seeking an egg, could be termed reckless abandonment."

Professor replies,"You've just won your case."

Ha..

***VamPyroX*** · 03-15-2008, 07:54 PM

Quote:

Originally Posted by Barbaro

I concur with Aleser.

I remember the scene from Legally Blonde where she and her class were discussing the sperm donor case.

She says, "For that matter, any masturbatory emissions, where the sperm is clearly not seeking an egg, could be termed reckless abandonment."

Professor replies,"You've just won your case."

Ha..

I remember that too! Heh!

03-13-2008, 05:26 AM	#2 (permalink)
doh geek Join Date: Jan 2007 Location: North America Posts: 311	Depends on the wording of the agreement between the father and mother... __________________ Monkey, killing monkey, killing monkey. Over pieces of the ground. Silly monkeys give them thumbs, They make a club. And beat their brother down. How they survive so misguided is a mystery. Repugnant is a (not dismal) creature who would Squander the ability to lift an eye to heaven, conscious of his fleeting time here

03-13-2008, 06:58 AM	#3 (permalink)
Aleser Woosh. Yes, Woosh. Join Date: Mar 2007 Posts: 453	He may be their "father" biologically, but only to the extent of, to put it kindly, masturbating in a cup. The mother clearly made a deal with the DONOR that he would not take up the role of FATHER with these children, and he agreed. She shouldn't just be able to say "screw it, I want your money" years later. As was said, saying that he has to support the children is going to stop ANY potential donor from donating, because they'll be terrifed of something like this happening- this would also negetively impact women who are trying to have a baby. There's no debate. People have donated sperm without being expected to support the child that is produced as a result of their donation. It should stay that way. __________________ "I swear by my life, and my love of it, that I will never live for the sake of another man, nor ask another man to live for mine."

03-13-2008, 09:28 AM	#5 (permalink)
GarnetTigerMom Registered User Join Date: Aug 2007 Location: Virginia Posts: 4,590	OUch! Now that a very big messy situation. Once you get pregnant by a sperm donor. She should know better that a donor should remain anonymously without child support and legally she should have not done it. __________________ GarnetTigerMom "The rain may be falling hard outside, But your smile makes it all alright. I'm so glad that you're my friend. I know our friendship will never end." -- Robert Alan

03-13-2008, 11:57 AM	#6 (permalink)
PuyoPiyo slotting Join Date: Mar 2007 Location: Fourth Plain Village WA Posts: 4,810	Women who get the sperm from the sperm banking, and then expecting a biologically father to pay the child support disguest me. No further word from me.. __________________ Finally found Ruby, my puppy See this thread for more info. http://www.alldeaf.com/our-pets/5515...ml#post1049543 NOTE I will be gone on September 10 to 21 working on my temporary job @ out of the town, so just let everyone know

03-14-2008, 01:56 AM	#14 (permalink)
*VamPyroX* bloody phreak from hell Join Date: Feb 2003 Location: Hell Posts: 26,580	I'm glad that he doesn't have to pay child support. "donor" is "donate". He donated his sperm with the intention that she could do whatever she wanted to do with it. She willingly let herself get pregnant with his sperm with the agreement that it was a donor and not as "husband & wife" or "father & mother". He gave up his rights to his sperm donation. Therefore, all obligations are released from him. So, she can't go after him if she agree that he's not responsible for the baby's future. If they were to say that he has to pay, then this would lead to bigger problems with all sperm donors. What if I donated sperm? Ten women are pregnant from my sperm. Now, I'm stuck with paying child support for those 10 kids plus my own kids (if I had any). Do you really think that's fair? No. __________________ Check out my city... CLICK HERE! (If you already visited yesterday, visit again today!)

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03-13-2008, 01:44 PM	#8 (permalink)
Tousi Registered User Join Date: Apr 2003 Posts: 7,144	Well, that's one bank deposit that did not generate the usual 2% interest.

03-13-2008, 04:46 PM	#9 (permalink)
Freaky Cat Lost in Space Join Date: Apr 2003 Location: ArKaNsAs Posts: 10,159	the woman should have not agree to the agreement in first place so it is her fault. She cant back out of the agreement that she and the father orignially agreed to no child supports and no visistations. She just cant changed her mind years later. that doesnt work!

03-15-2008, 11:44 AM	#17 (permalink)
Barbaro doomsday clock's clicking Join Date: Jun 2007 Location: dæləs Posts: 256	I concur with Aleser. I remember the scene from Legally Blonde where she and her class were discussing the sperm donor case. She says, "For that matter, any masturbatory emissions, where the sperm is clearly not seeking an egg, could be termed reckless abandonment." Professor replies,"You've just won your case." Ha.. __________________ We know what we are but not what we may be. -Author:Shakespeare

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