Court Rules Sperm Donor Must Pay Support

moe.ron · #1 07-24-2004, 08:11 AM

Quote:

Court Rules Sperm Donor Must Pay Support

By MARK SCOLFORO, Associated Press Writer

HARRISBURG, Pa. - 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.

Read Rest Here

Moral of the story, never agree to anything unless it's in writing.

James · #2 07-25-2004, 05:26 PM

If this is true she (the mother) is truly acting like an Uber-Bitch.

Makes you wonder if she conceived of the whole idea just to be financially compensated. Or to keep him in her life.

In the following blurb look at the bolded paragraph. Read that way, even a written agreement may not have mattered because child support is the right of the child, not the mother.

HARRISBURG, Pa. (AP) - A man must pay child support to a woman who conceived twin boys with his sperm through in vitro fertilization, the state Superior Court ruled.

Joel L. McKiernan said when he agreed to be a sperm donor for Ivonne V. Ferguson, a co-worker he had an affair with, she promised she wouldn't seek support payments, but in 1999, she began seeking support, according to court documents.

McKiernan must pay up to $1,500 a month under the ruling by Superior Court Judge Patrick R. Tamilia. Tamilia wrote that the oral agreement between McKiernan and Ferguson was essentially worthless because the rights to child support belong to the twins, not to either parent.

His opinion upheld a 2002 Dauphin County Court ruling.

Kevin · #3 07-26-2004, 10:58 AM

That's really ridiculous.

IowaStatePhiPsi · #4 07-26-2004, 01:24 PM

This is why Kendra and I have agreed we'll have papers written up by a lawyer before she gets pregnant. Last thing I want is to pay involuntary support to a child being raised by their 2 mothers in Australia.

honeychile · #5 07-26-2004, 01:29 PM

How ungrateful do you get?! I honestly feel that the Court was wrong with this ruling.

Rudey · #6 07-26-2004, 01:33 PM

hahahaha this is hilarious.

-Rudey

ZTAngel · #7 07-26-2004, 01:39 PM

Quote:

Originally posted by moe.ron

Moral of the story, never agree to anything unless it's in writing.

A very good moral. Never agree to such a big thing unless it's in writing. It could come back to bite you.

I wonder if he'll appeal.

Jill1228 · #8 07-26-2004, 01:39 PM

This is utter bullsh*t! Lady remember one thing: Karma is a bitch!

I think sperm and egg donors will now think twice before donating, don't cha think?

Peaches-n-Cream · #9 07-26-2004, 01:40 PM

This is a really strange story. If he has to pay child support, he should have parental rights like visitation if he wants that.

swissmiss04 · #10 07-26-2004, 02:20 PM

This is really crazy. Always always always get things in writing. With witnesses, if you can. An unwitnessed verbal contract really isn't going to hold much weight anywhere. If he is expected to pay child support then he definitely deserves visitation rights. I also think the state should periodically check up on this woman to make sure she's actually spending the $1500/month on the kids and not herself.

Also, isn't IVF rather expensive? Did this guy pay to have her impregnated? If so, then he's a moron that got what was coming to him. If she paid for the IVF, then I'd say she doesn't need $1500/month if she can afford the treatment. Also, why this guy? Why not an anonymous sperm donor? Something's kind of weird here.

ETA: I find it terribly irresponsible that she wanted to conceive children w/o a father figure present. She obviously (at first) didn't intend for the guy to be part of their lives.

IowaStatePhiPsi · #11 07-26-2004, 02:23 PM

Quote:

Originally posted by swissmiss04
Also, why this guy? Why not an anonymous sperm donor? Something's kind of weird here.

Many couples like to have a friend or family member be the donor (I know a couple here in Ames who had a brother donate his sperm for his sister's partner to get pregnant, my friends Kendra and Carly asked me to be their donor when they want to start their family) so that they can keep in touch, know medical history, etc.

valkyrie · #12 07-26-2004, 02:43 PM

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."

The same reasoning could be applied to an agreement that is in writing. A judge could easily say that, even with a written agreement, the child's welfare outweighs the deal made by the parents.

Guys, unless you are prepared to pay child support, keep it in your pants, okay? You never know what a woman with a kid will end up doing -- if you donate sperm to someone, you need to be prepared to accept the consequences.