A Kansas
who man donated sperm to a lesbian couple is now faced with a child support action from the state. The man and the couple signed an agreement that the man
would not be responsible for child support. The state, who has paid out
benefits to the couple, is now seeking to be reimbursed and is seeking child
support from the man.
Generally, sperm donors have
neither legal rights nor support obligations to a future child. In this case,
the donor responded to a Craigslist ad and decided to make a voluntary donation
to the couple. According to the article, the man and his wife have no
biological children, but have a foster child. He is quoted as saying that he
simply wanted to help a couple have a child. Had he donated sperm through a
physician or agency, he would likely not have received child support and
paternity papers from the state.
This may seem to many to be a
case of no good deed going unpunished. But we need to keep in mind that it is
the rights of the child that the state seeks to protect. It would seem to me
that, if the man is forced to pay child support, he would have cause to seek
reimbursement from the couple to whom he donated. But, since they appear to be
collecting state benefits, it is likely that they do not have the resources to reimburse
the donor.
One thing is clear: anyone
seeking to participate in the fertility process through donation or surrogacy
should consult with a family law attorney. A Florida family law attorney can
guide you to the appropriate agency and help you take the proper steps to make
sure that the selfless act of helping a couple conceive a child does not result
in an unexpected burden.
http://news.msn.com/us/child-support-claim-rankles-sperm-donor-to-lesbian-couple-1
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