I think the man got the short end of this stick. What about you guys?
Court Rules Sperm Donor Must Pay Support
Fri Jul 23, 8:40 PM ET Add U.S. National - AP to My Yahoo!
By MARK SCOLFORO, Associated Press Writer
HARRISBURG, Pa. - 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," she said.
right, like some guys going to go SURE you can use my sperm and I will be happy to pay child support for the next 18 years. She's lying.
Gender: Male Location: Welfare Kingdom of California
That guy now can file "child support" in his taxes. If he get's a decent paycheck he'll be okay. He can also always appeal to the court. Or declare himself bankrupt. I doubt the guy will be paying forever....once the kid is 18 the support stops. But 18 years is quite a long time.
If something is done "for the sake of the children," I probably don't approve of it. This is no exception.
__________________ "Men curse the Communist Party, but eventually it may release them. If hell were endless, then God would be worse than our Secret Police."--Pastor Valentin
well child supoort is usually based on 16-20% of one's monthly income(belive me i know) so the fact that he can afford to pay up to 1500 a month that means he's getting a decent payheck which would be about $7500 and like wind dancer alluded, those little bastards are a dream when tax season roles around so for the most part he'll be able to get some of his money back, additionally to what he would normally get(belive me, i know)
yes. at least i was until i quit my job and became a full time student
*tee hee hee* no income means no wages to garnish, besides Im not allowed to see them anyway, so f*ck 'em!
oh wait before you judge, take note that the kids arent mine, I just got with their mother when one was 1 &1/2 and the other wasnt born yet. so the court said that since I'm only father they've ever known the responsiblity falls in my lap. beleive that?
so I paid support for like 5 months, $350per, and when the other kid was born i was looking at another $350, so just said f*ck it and went back to school full time