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Pa. Sperm Donor Wins Challenge To Court-Ordered Child Support

January 6th, 2008 · No Comments · Current Events, Gripes, Interesting, Politics

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“HARRISBURG, Pa. — A woman who promised a sperm donor he would not have to pay child support cannot renege on the deal, the Pennsylvania Supreme Court ruled. 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. “This court takes very seriously the best interests of the children of this commonwealth, and we recognize that to rule in favor of (McKiernan) in this case denies a source of support to two children who did not ask to be born into this situation,” Justice Max Baer wrote in the majority opinion issued last week. “Absent the parties’ agreement, however, the twins would not have been born at all, or would have been born to a different and anonymous sperm donor, who neither party disputes would be safe from a support order,” Baer wrote….”

I applaud the Pennsylvania Supreme Court for its decision to hold Ivonne Ferguson responsible for her actions. It blows my mind that after entering into a contract with Joel McKiernan, she decides she wants help supporting the child she chose to bring into this world. There is also a story about a NY man who is being sued after donating his sperm to a lesbian couple.  The couple broke up and now the man is being sued to support a college bound child. In another case a Swedish man is being forced to support three children born to a lesbian couple who have since divorced. The biological mother sued the man for child support after the women broke up.  These are only three of the numerous stories I found regarding sperm donors and child support. I think the people making the decision to have children should be responsible for supporting the child. If lesbian couples break up and children are involved, then both should contribute to supporting children resulting from their relationship. I think it is easier for the courts to battle over cases such as the Pennsylvania case because it does not bring up the issue of recognizing gay couples and their rights in this country.  The decision to have a child is huge and sperm donors are not choosing to have a child. They are choosing to help someone who otherwise would not be able to have children on their own. Litigation from mothers who now want help, endangers the very system they used to have their children. The biggest lessons for all men contemplating making a donation, is to get the contract in writing. Don’t engage in do it yourself donations; go to a clinic. Request that you name not be used on the birth certificate. Do not allow the child to call you Dad. Do not make a habit of giving gifts to the child.

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