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Spike wrote on 2011-07-08 21:49
http://seattletimes.nwsource.com/html/nationworld/2004046062_sperm01.html
[SIZE="5"]Sperm donor liable for child support, judge rules[/SIZE]
A New York man who said he donated sperm to a female co-worker as a friendly gesture and sent presents and cards to the child over the years...
By Sophia Chang
MELVILLE, N.Y. — A New York man who said he donated sperm to a female co-worker as a friendly gesture and sent presents and cards to the child over the years likely will owe child support for the college-bound teenager, according to a judge's ruling.
"What's the saying? No good deed goes unpunished," said Deborah Kelly, a Garden City lawyer for the man, who like all the involved parties remains anonymous because of privacy concerns.
Family Court Judge Ellen Greenberg ruled Nov. 16 that despite the mother's willingness to have the child's DNA tested, the man could not seek a paternity test to determine if he is the biological father because the results could have a "traumatic effect" upon the child, who is now 18 and lives in Oregon with the mother.
The next step is a meeting with a support magistrate to determine the amount of child-support payments — if any — the man would have to pay until the child turns 21, Kelly said.
Even without genetic evidence, the man's interactions with the child over the years had a patriarchal nature, said Jeffrey Herbst, a county attorney who represents the mother in the lawsuit through a federal agreement called the Uniform Interstate Family Support Act.
"It's still a parental relationship," Herbst said.
According to the man's testimony, in the late 1980s he was a physician at the same Nassau County hospital where the child's mother was a resident. After learning the woman and her female partner wanted to have a baby, the man donated his sperm and the woman gave birth July 26, 1989. The man, married at the time, agreed he would not have any rights or benefits in rearing the child, but the oral agreement never was put in writing, according to court documents.
But he took the unusual step of allowing his name to appear on the child's birth certificate because he thought it was in the child's "best interests that he would have an identity when he grew older," he said in court documents.
Before the mother, her partner and the child moved to Oregon in 1993, the man had contact with the child, he said. He also sent the child money, gifts and cards and letters signed "Dad" or "Daddy," and spoke to him by phone about seven times in the past 15 years.
That correspondence, coupled with an affidavit from the child stating that he "has never known anyone other than [the man] to be his father," is enough for a parental relationship, according to Herbst.
"The fact of the matter is that he held himself out as the child's father for 18 years until he asked for DNA testing," Herbst said.
When it comes to artificial insemination by a known donor, the best protections are to have everything in writing and "do your homework," said reproductive lawyer Melissa Brisman of Park Ridge, N.J.
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"You can't be half a father, and half a not, under the law," she said.
But the man's trust was abused, his lawyer said.
"The doctor was told this is how it's going to be," Kelly said. "And 18 years later, you end up dealing with something that you didn't know you were going to deal with. Sometimes people aren't really thinking about the legal ramifications."
Men, guard your sperm with your life.
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pinkkea wrote on 2011-07-08 21:56
Ouch
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paladin wrote on 2011-07-08 21:57
Oh great
Here comes another breed of gold diggers
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Lan wrote on 2011-07-08 21:59
Wait...this happened 4 years ago o_O
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Intex wrote on 2011-07-08 22:00
The man, married at the time, agreed he would not have any rights or benefits in rearing the child, but the oral agreement never was put in writing, according to court documents.
When it comes to artificial insemination by a known donor, the best protections are to have everything in writing and "do your homework," said reproductive lawyer Melissa Brisman of Park Ridge, N.J.
This is the main problem. You're not supposed to just take someones word on such a huge issue.
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TinyMo wrote on 2011-07-08 22:02
Exactly. He should've gotten everything in writing.
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TA wrote on 2011-07-08 22:39
Sounds like the mother is just trying to **** him out of some money to make it easier to pay for her son's college.
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Phunkie wrote on 2011-07-08 22:40
I hate hearing stories of people like this.
So greedy!
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JustNoOne wrote on 2011-07-08 22:46
My god. This might as well make the man the kid's parent/guardian.
It's quite sad that there was no clear contract to be seen..
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Yoorah wrote on 2011-07-08 22:49
The "should have gotten everything in writing" is not an excuse, nor a justification. It's a merely a case of abuse of trust. You'll never be able to get everything in writing, much less planning almost 20 years into the future with that in mind.
Feminists can go to hell. :[
It reminds me of this case in Canada, where a man donated sperm to a sperm bank anonymously. The child is not to have access to the information on who the "father" is. But in a recent case, the court forced that info to be made available despite the confidentiality agreement made when donating said sperm many years ago. I find it disturbing that a cup of sperm has more rights than the donor who merely tried to help someone.
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Joker wrote on 2011-07-08 22:56
Quote from Yoorah;505047:
The "should have gotten everything in writing" is not an excuse, nor a justification. It's a merely a case of abuse of trust. You'll never be able to get everything in writing, much less planning almost 20 years into the future with that in mind.
Feminists can go to hell. :[
It reminds me of this case in Canada, where a man donated sperm to a sperm bank anonymously. The child is not to have access to the information on who the "father" is. But in a recent case, the court forced that info to be made available despite the confidentiality agreement made when donating said sperm many years ago. I find it disturbing that a cup of sperm has more rights than the donor who merely tried to help someone.
well I agree but only in cases like these.. lol
most are just retarded...
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Alexane wrote on 2011-07-08 23:00
lmao, this is 7 different kinds of retardation.
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Jarvan IV wrote on 2011-07-08 23:02
this is sorta like friends with benefits except....ok screw the fact i just said that
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Ithiliel wrote on 2011-07-08 23:27
Yeah what this woman (and previous cases of the same nature) have done is wrong, but seriously you guys? Not every feminist is like this.
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Kingofrunes wrote on 2011-07-08 23:33
Well that bites. Poor guy. I guess I won't ever donate my sperm then >.>
My sperm is staying near me and I will have to put anti women charms all around my home so that a women doesn't come in and greedily lay naked all over my bed to try and get my sperm inside her to mooch money off of me.