Pa. Sperm Donor Wins Challenge To Court-Ordered Child Support

NBC 10 ^ | January 2, 2008 | NBC 10

[Tax-chick]

I am in favor of branding illegitimate parents.

Excellent point.

[Nathan Zachary]

"The right thing to do is step up and be a parent. The wrong thing to do is go to court and abandon these children, even if the woman lied. On his deathbed, he won't have any regrets if all his children are there."

But, it was never his intent to become a parent, just a sperm donor. The Parenting was and is the responsibility of the mother, who in this country is allowed to be a single parent, which was her original intent.

It is not the same thing as having a relationship in which resulted in a pregnancy, intended or unintended.

In the later case, yes he would be responsible for child support and hopefully step up and be a parent.

Sperm donors however, should not be made responsible for child support when women fail in their misguided ambitions of being single parents.

If anything, he should be offered the opportunity to become a parent of his biological children, but in no way should he be obligated to be. That is his decision and moral challenge which he has to weigh with what would be in the best interests of those children. He may not even be a suitable parent.

They might be better off with adoption to a 2 parent family, and that decision should not fill him with regret on his deathbed. In fact making a wrong decision, choosing to raise them himself which he may not be very capable of doing may just as well fill him with regret on his deathbed, knowing that they could have has a better life than the one he provided.

[Albion Wilde]

The law still assumes a child is born of two parents, and that the child's rights to parental support trump each parent's liberty interests.

I agree with all your posts. However, wasn't the exception to this rule the illegitimate child born to a cheating woman within a marriage? The child was legally the child of her husband, and he was obligated to raise the child if he continued to live with the woman as his wife.

[ladyjane]

This is another reason why I’m hesitant on dating. In another situation, a relationship could be going fine for a few months, at least to me, yet failing to her. One day she could suddenly cry rape to somebody

You're right. If your dating includes fooling around with people you've only known briefly you're asking for trouble.

[Dr. Bogus Pachysandra]

Sorry. All I see is a little blue square with a ? in it! Max Baer Jr played Jethro in The Beverly Hillbillies.

[Albion Wilde]

Why should a divorced father have to pay for college? There was no guarantee he would have paid for it should they still be married.

Because he is their father and is capable of providing this support. In the example I gave, if the divorced father is a professional man with two or more degrees and comes from a line of professional men in his family, it is only common sense that, should his child be capable of a college education, the father would most likely pay some of the costs. The divorce is from the wife, not from the child.

[Attention Surplus Disorder]

"Always"? I'm not an atty, but I've worked as a paralegal and work in RE where there's a lot of law involved. So I can't debate you on the point you made, but there's also a degree of public interest or public policy in the sanctity of contracts. Which I'm again not qualified to debate in more than modest depth. In this case, though I have no way of knowing, I'd tend to believe that the man only proceeded with the exercise knowing that he wouldn't have to pay support and relying on the worked-out guarantee. It wasn't after all, even the negligent result of a passionate affair, the pregnancy resulted (as I read the article) from a clinical, deliberate sperm donation. If that matters.

[Gumdrop]

“Here’s the bottom line....the guy NEVER should have agreed to such a thing. NEVER. The repercussions, besides this interesting one, go on forever.

Parents....tell your sons.”

This entire mentality opens up the children to crazy scenarios. Both parents have to be nuts to think this will not harm the resulting children. The Mom, who thinks that she must have a child by any means possible /or she thinks it will bring they guy back into her life - and the guy who thinks his sperm donation will result in children who have no claim or emotional ties to him as their biological father. Ludicrous is the word for these types of parents. Another word also comes to mind - heartless.

[Tax-chick]

That seems to be something not taught anymore, how to tell the difference between love and lust, how to know when you are ready for the responsibilities of love and marriage, and the inevitable children that follow.

We're trying - with special emphasis on the need to be prepared for parenthood.

[Starwolf]

Because he is their father and is capable of providing this support. In the example I gave, if the divorced father is a professional man with two or more degrees and comes from a line of professional men in his family, it is only common sense that, should his child be capable of a college education, the father would most likely pay some of the costs.

My point is that if the law does not require married parents to fund college, it should not require a divorced parent to fund it.

I've seen more than one well off family require that their kids fund their own college education as part of that education.

[Nathan Zachary]

"Personally, I'll come down on the side of the kids every time. They weren't parties to this contract to sign away their right to parental support."

Nonsense. The "parental support" falls on the mother. The sperm donor was never a "parent". He didn't sign away their right to parental support whatsoever. It just doesn't fall on him because he was only the sperm donor. The mother and any boyfriend she was living with, even though he wasn't the biological father would be more liable as "parent" as he would have imprinted on the children. In fact there are cases where a non- biological fathers have been made to make child support payments, because as far as the children were concerned, they were the only "father" they knew before the relationship collapsed.

Unless this guy was in their lives after they were born and actually parented them in some way, he can't be called a "parent".

[PubliusMM]

“The children point and say, ‘That is our father. He should support us,”’ Eakin wrote. “What are we to reply? ‘No! He made a contract to conceive you through a clinic, so your father need not support you.’ I find this unreasonable at best.”

A practical example of an activist judge in action...

Time to recall this idiot.

[rideharddiefast]

I've seen more than one well off family require that their kids fund their own college education as part of that education.

While I am not well off, my wife and I do alright. We have always required our kids to buy their own car, and pay their own insurance. We also tell them they can go to any college they can afford. We will help them out, but we never give them a blank check.

[Nathan Zachary]

"We're trying - with special emphasis on the need to be prepared for parenthood."

Having raised 7 children, I can tell you it isn't easy. Every one of them will need individual instruction and careful supervision as they go through that "stage", which can last from they time they hit puberty till they are in their 20's!! My youngest son (22 now) is still driving us nuts. He's fallen in "love" 3 times this past year (with some real trashy "girls). We keep hoping a "nice" girl will come along and tame this one. Seems to be a rare thing these days.

[Tax-chick]

Best wishes! I’ve got 8 children, but my oldest is only 16. After all these years of helping with babies, she wants to be an old maid with cats! (So did I at her age, so I’m not giving it too much weight.)

[JamesP81]

In another situation, a relationship could be going fine for a few months, at least to me, yet failing to her. One day she could suddenly cry rape to somebody, and have me thrown in jail for a while. Then I’d be the one in jail screaming rape, while security guards don’t help me.

Yep. I'm single, and I don't care for it. But I care if this very real, very possible alternative even less.

[JamesP81]

With some right here on FR cheering them on, no matter what offense put the man in jail.

Which merely proves that every bunch of apples has a few bad ones. Of course, one might be able to show that with FR it's more than a few...

[Dan(9698)]

This is another reason why I’m hesitant on dating.

Keep your pants zipped up.

The other thing is: Why would you ever date someone who would lay a trap for you? There is no obligation to date someone with no morals.

[Albion Wilde]

My point is that if the law does not require married parents to fund college, it should not require a divorced parent to fund it.

You may have a point; however, the tendency is for many wealthy fathers to abandon their "former family" but lavish education and many other benefits on subsequent children by the second or third wife. Do you think that is just?

[JamesP81]

You're right. If your dating includes fooling around with people you've only known briefly you're asking for trouble.

You don't have to be 'fooling around' in order for her to cry rape. It wouldn't matter if you were pure as the driven snow. If she cries rape, you are guilty until proven innocent.