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Thread: Kansas sperm doner gets hit for child support.

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    Default Kansas sperm doner gets hit for child support.

    Wow. Thought this case had been taken care of several years back, but apparently not.
    For those who may NOT know, a Kansas judge has ruled a man who answered an ad from a Lesbian couple to donate sperm so they could have a kid, has now been hit with child support payments cause that lesbian couple broke up and the one who had the kid 'wants help raising it financially'.

    What's everyone's take on this?

    http://www.foxnews.com/health/2014/0...child-support/

    http://www.cnn.com/2014/01/23/justic...ion/index.html

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    Default Re: Kansas sperm doner gets hit for child support.

    This is actual a fairly interesting case, legally speaking, because the state's case hinges on interpretation of a law about medical care and extending that to another area of law (contracts) regarding parental rights and obligations. I'm not sure that I agree that the state can void a contract in the manner that they are arguing...that is, that support rights belong to the child, not the parent. That interpretation suggests that the child would have to sign off on the parental agreement, which they can't do, especially (as in this case) when they aren't born yet, and aren't legal able to do.

    I've sort of been waiting to see the outcome of this case, I think this is the first time it's actually been in front of a judge. I'm positive this ruling will be appealed.

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    Default Re: Kansas sperm doner gets hit for child support.

    This is crazy. Maybe the judge has a different agenda? Devil's advocate only, but maybe he's against homosexuality and by ruling this way knows that it will, in the future, deter others from donating for this purpose making it much more difficult for lesbian couples to have babies.

    Either way, there's no way in hell the donor should have to pay a cent in any rule of law with any common sense.

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    Default Re: Kansas sperm doner gets hit for child support.

    Pretty sure the judge is a woman, Mary Mattivi.

    I haven't been able to find the judges actual written ruling. Based on the news articles, however, her ruling hinges on the interpretation of the Kansas Parentage Act (KPA) that for a sperm donor to be relieved of parental rights and responsibilities, the donation must go through a liscenced phsysician. Though I've searched for and read some of the KPA, I haven't yet found that exactly language in the law. The judge also noted that this appears to be the first time that this particular situation has been brought before the Kansas court. Without prior case law on either side and as a summary judgement, it's up to the judge almost entirely to interpret the inexactly wording of the law.

    I agree that it doesn't make sense that the guy should have to pay child support. It was clearly the intent of the contracting parties that he not have paternal rights or responsibilities. That there might be some loophole in the KPA that forces him to pay? Could be, whether it makes sense or not. Unfortunately, this is an area of law that is not "up to date" with technology and real world practices.

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    Default Re: Kansas sperm doner gets hit for child support.

    So, one other thing... The Uniform Parentage Act (1973) does address the use of a physician during sperm donation, in the follow context:

    A married man, donoting sperm to a woman other than his wife through a physician, is legally considered not the father.

    Now, that situation is not this case's situation. A similar case in Indiana (state suing to recoup public assistance payments from a sperm donor to a lesbian couple) came down on the side of the sperm donor. The judge in that case (if I'm reading the summaries right) said that the contract between the parties over road the states interest. In that case, however, the mother was on the states side because she wanted to collect child support. This Kansas case, the mother doesn't want anything to do with the donor.

    The news says the guy is appealling the ruling, so I guess we'll find out in another year or so what the appeallate court thinks.

    Meanwhile, back to reality, Kansas has spent more money trying to get the father to pay the $4000 than they ever would have had to pay in public assistance for the kid. If you want to talk about "screwed up"...

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    Default Re: Kansas sperm doner gets hit for child support.

    Quote Originally Posted by sandsjames View Post
    This is crazy. Maybe the judge has a different agenda? Devil's advocate only, but maybe he's against homosexuality and by ruling this way knows that it will, in the future, deter others from donating for this purpose making it much more difficult for lesbian couples to have babies.

    Either way, there's no way in hell the donor should have to pay a cent in any rule of law with any common sense.
    I think the same.
    Antes de que vengas a juzgarme por que escribo el inglÚs con errores te pregunto: Cuantos idiomas tu hablas?! Solo uno? Y vienes a juzgar mi inteligencia?! Por favor mirate en el espejo y veras en Úl reflejo la imagen clara de la estupidez...

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    Default Re: Kansas sperm doner gets hit for child support.

    Quote Originally Posted by imnohero View Post
    This Kansas case, the mother doesn't want anything to do with the donor.
    Other than his cash.

    And what gets me, is in a snippet on the news, he said he would NOT try to get any parental rights due to him CAUSE of paying child support. Sorry, but if i am going to pay for the brat, i want a say in how he is raised.

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    Default Re: Kansas sperm doner gets hit for child support.

    Quote Originally Posted by imnohero View Post
    This is actual a fairly interesting case, legally speaking, because the state's case hinges on interpretation of a law about medical care and extending that to another area of law (contracts) regarding parental rights and obligations. I'm not sure that I agree that the state can void a contract in the manner that they are arguing...that is, that support rights belong to the child, not the parent. That interpretation suggests that the child would have to sign off on the parental agreement, which they can't do, especially (as in this case) when they aren't born yet, and aren't legal able to do.
    It is interesting.

    Yes, child support belongs to child. Just like say, what? Veterans' benefits might...if that is true, then the contract is an illegal contract and not enforceable. Regardless of whether or not the child is in a position to sign away their rights...that doesn't give another person the right to do so.

    Also, interesting how this came about. The mother applied for state assistance, being unemployed and what-not. To qualify for assistance for the child, the other parent must first be made to pay.

    The problem here, is they went outside a legally documented process to do this...basically, think about a couple that just gets married in their basement with no license or legal official...then the spouse wants to collect benefits based on that marriage. Good and well that common sense might make them married...but they did not follow a legal process.

    All that being said...it sure is a hard kick in the nuts for that guy.


    I've sort of been waiting to see the outcome of this case, I think this is the first time it's actually been in front of a judge. I'm positive this ruling will be appealed.
    We discussed this in a recent Ethics class I took...there a lot of odd way of looking at it.

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    Default Re: Kansas sperm doner gets hit for child support.

    Quote Originally Posted by garhkal View Post
    Other than his cash.

    And what gets me, is in a snippet on the news, he said he would NOT try to get any parental rights due to him CAUSE of paying child support. Sorry, but if i am going to pay for the brat, i want a say in how he is raised.
    "Brat" really? What is he/she like 4 years old? Does he/she has any fault in this?
    Antes de que vengas a juzgarme por que escribo el inglÚs con errores te pregunto: Cuantos idiomas tu hablas?! Solo uno? Y vienes a juzgar mi inteligencia?! Por favor mirate en el espejo y veras en Úl reflejo la imagen clara de la estupidez...

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    Default Re: Kansas sperm doner gets hit for child support.

    Quote Originally Posted by garhkal View Post
    Other than his cash.
    As I understand it, the woman is not asking for child support, the state is suing to MAKE the donor pay child support.

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