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Sperm Donor Ordered To Pay Child Support

Do you think is fair that this guy must pay child support? Why/Why not?

https://www.foxnews.com/story/0,2933,314564,00.html

Support Child Pay Ordered Donor Sperm

18 years later, and the man hasn't ever really been a father? And the kid is going off to college? Nonsense, this man isn't any more a father to this child then a man in the moon. He donated sperm to help her out, it was a good cause, and now she is taking advantage of it. The 'kid' is really a grown adult now at 18, I can't imagine why a judge would rule in her favor. Just nonsense. Why is it the man who gets penalized in every situation?

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Maybe the judge has morale issues with it or wants to use it as an example of how a test tube father giver should behave - in other words keep in contact with the mother to see where your seed has been? Just a guess.

Support Child Pay Ordered Donor Sperm

Maybe, or maybe he is telling the man to be a father or don't be a father. Don't fiddle around like your really a dad then just ignore him. If you want to act like a father then be a father, other wise just leave him alone and don't lead him on. Who knows, I just don't think he should have to pay child support in this situation. Seems hokie to come after him for child support 18 years later doesn't it?

Support Child Pay Ordered Donor Sperm

Normally I would agree a sperm donor has no legal ties to the child. In this case I think the donor chose his own destiny and should pay support to the child.

1) He maintained contact with the child and signed DAD on many monetary gifts. One would only do this if they felt responsible for this child. If it was just a hey I would like to help he would just silently hand cash to the mothers.

2) Why the heck is his name on the birth certificate if he has no vested interest in the child? This is not giving up all rights and claims on the child this is legally taking liberty to say hey this child is mine.

I think it is more than likely he is a kind person who enjoyed helping out with this child and likely would have stayed as an active male role model in the child's life. Then when the move was made the relation went to the way side due to distance and inconvenience. When this happened mommies got a little upset at no money being tossed their way and headed to court knowing full well his name was on the birth certificate thus making him daddy.

Sperm Donor Ordered To Pay Child Support

"I went about 3.5 years, two or three times a week," said Whitehurst, who estimated he"d raked in more than $12,000.

Then six years ago, Whitehurst, 48, married with children and living in Los Gatos, Calif., was contacted by a 14-year-old girl who said she was his daughter and that she had obtained his information from the cryobank he"d visited. Ref. Source 2

Sperm Donor Ordered Pay Child Support

There are a number of important points:

"¢ In the late 80's, the decision to place his name on the birth certificate was most likely due to state laws at that time. The other option was to keep it blank but placing the same-sex partner's name there almost certainly wouldn't have been allowed.
"¢ There were no written contracts described in the segment leaving the arrangement open for litigation.
"¢ One has to examine what was the intent of the arrangement in the context of state law. The intent was to donate but to not father.
"¢ If the sperm donor is considered a parent, what was the same-sex partner to be called that did not bear the child?
"¢ The minimal contact throughout the years was closer to that of an Uncle and not a father or parent. Contact alone does not bestow parenthood.
"¢ The awarding of child support for an adult of 18 is quite odd. Most child support ends at age 18 or when high school ends, whichever comes last.

Moral of the story-
"¢ Legal contracts are needed with legal representation for all parties involved when open (I.e., not anonymous) procedures are used
"¢ The state statutes must be adhered to and they often differ from state-to-state.
"¢ Always remember that the state has the obligation to protect the child so a judge will commonly rule in whatever is best for the child and not necessarily the adults. The state never wants to foot the bill for the care of a child if there is a (Genetic) father nearby that can pick up the tab.
"¢ Designated sperm donation can be a mess for both donors and recipients. Anonymous donation through a qualified facility in combination with a skilled reproductive facility is ideal.

Craig R. Sweet, M.D.
Reproductive Endocrinologist
Embryo Donation International, P.L.
Specialists in Reproductive Medicine & Surgery, P.A.

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From what little I know of the case this part seems to be the key to the whole thing.

DrSweet made a good observation there. Anything you do should be by contract. I'm sure the doc in this case thought he was just helping out - sometimes things are better left alone because you pay a price for it later.