Wow... fvckin ridiculous: Sperm donor must pay child support

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Turkish

Turkish

Lifer
May 26, 2003
15,547
1
81
Does anyone else think this is ridiculous?

:roll:

HARRISBURG, Pennsylvania (AP) -- 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," he said.
Click to expand...

http://www.cnn.com/2004/LAW/07/23/sperm.donor.ap/index.html
 
D

DurocShark

Lifer
Apr 18, 2001
15,708
5
56
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.
Click to expand...

Not pleased? Ya think?

:Q
 
J

jyates

Diamond Member
Aug 18, 2001
3,847
0
76
Note to self.....

Next time I'm asked to be a sperm donator make sure I
write up a disclaimer contract.

Got to love our legal system......
 
Y

Yo Ma Ma

Lifer
Jan 21, 2000
11,635
2
0
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.
Click to expand...
If this is even true, the guy is really stupid and deserves to pay for that reason alone :)
 
D

Double Trouble

Elite Member
Oct 9, 1999
9,270
103
106
its his dumbass for only doing a verbal agreement
Click to expand...
Note that the trial court ruled based on the contract just being a verbal agreement, and that it came down to a matter of credibility. In that scenario, had there been a written contract, things might be different. Howerver, the appeals court basically ruled that a contract (written or oral) really didn't matter, because it would be unenforceable for "legal, equitable and moral" reasons. Yipes. That's truly a dangerous ruling, it means that anyone who's ever donated sperm to a sperm bank (for example), could potentially be liable for child support for the entire life of the child. My guess is the ruling would be overturned, but with our wacky legal system, who knows.
 
Anubis

Anubis

No Lifer
Aug 31, 2001
78,712
427
126
tbqhwy.com
Originally posted by: tagej
its his dumbass for only doing a verbal agreement
Click to expand...
Note that the trial court ruled based on the contract just being a verbal agreement, and that it came down to a matter of credibility. In that scenario, had there been a written contract, things might be different. Howerver, the appeals court basically ruled that a contract (written or oral) really didn't matter, because it would be unenforceable for "legal, equitable and moral" reasons. Yipes. That's truly a dangerous ruling, it means that anyone who's ever donated sperm to a sperm bank (for example), could potentially be liable for child support for the entire life of the child. My guess is the ruling would be overturned, but with our wacky legal system, who knows.
Click to expand...

yea thats not good
 
G

Gurck

Banned
Mar 16, 2004
12,963
1
0
Not that the guy shouldn't have gotten a signed, written contract.. but how can none of you blame the woman at all?
 
EvilYoda

EvilYoda

Lifer
Apr 1, 2001
21,198
9
81
man, that would piss me off so much. Luckily, I'll (hopefully) never have to consider donating...that's just weird, knowing your seed is floating around out there.
 
Gibsons

Gibsons

Lifer
Aug 14, 2001
12,530
35
91
Originally posted by: tagej
its his dumbass for only doing a verbal agreement
Click to expand...
Note that the trial court ruled based on the contract just being a verbal agreement, and that it came down to a matter of credibility. In that scenario, had there been a written contract, things might be different. Howerver, the appeals court basically ruled that a contract (written or oral) really didn't matter, because it would be unenforceable for "legal, equitable and moral" reasons. Yipes. That's truly a dangerous ruling, it means that anyone who's ever donated sperm to a sperm bank (for example), could potentially be liable for child support for the entire life of the child. My guess is the ruling would be overturned, but with our wacky legal system, who knows.
Click to expand...



Sperm donors could have several dozen children. Or more...

At about $1,500/month, that adds up. Otoh, there's a lot more contract signing, and usually steps are taken to obscure the donor. I suspect the right court orders/warrants would get through that, however.
 
R

Rogue

Banned
Jan 28, 2000
5,774
0
0
It's like a comedian once said, possibly Martin Lawrence. Every woman is born with unlimited money making potential between her legs. Too bad some of them choose to exploit it for BS reasons. <NOTE: see the use of the word "some"? That indicates a minority or less than majority number of women.>
 
J

jjones

Lifer
Oct 9, 2001
15,424
2
0
Originally posted by: Gurck
Not that the guy shouldn't have gotten a signed, written contract.. but how can none of you blame the woman at all?
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I agree. If the guy's story is true (and I'm not saying it is because there is a question of credibility) then the girl is a real POS. And for the judge's panel to site equitable and moral principles is just absurd. Legal principles, yes, because there was no written contract.
 
P

PlatinumGold

Lifer
Aug 11, 2000
23,168
0
71
comparing this to legal sperm donation programs is ludicrous.

to imply that this ruling sets a precedence for going after sperm donors with all the proper papers and signatures borders on malpractice.

htf can you compare a stupid moron that can't even put anything down on paper and signed to legitimate sperm/egg donor programs?
 
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