Re: Pennsylvania State Superior Court Orders Sperm Donor To Pay Child Support for Twins Conceived Through IVF
From: RModugno@aol.com
Thu Jul 29 10:41:06 2004
In a message dated 7/29/2004 11:14:43 AM Eastern Daylight Time, "" <dean@thehuffpeople.net> writes:
>.
>
>In The Courts
>
>Pennsylvania State Superior Court Orders Sperm Donor To Pay Child Support for
>Twins Conceived Through IVF
>
>[Jul 27, 2004]
>
>A three-judge panel of the Pennsylvania State Superior Court on Thursday in a
>ruling that could have "wide implications" for sperm and egg donors ordered a
>sperm donor to pay child support to the mother of twin boys conceived through
>in vitro fertilization using his sperm, the AP/Philadelphia Inquirer reports.
>Joel McKiernan acted as a sperm donor for Ivonne Ferguson in 1993 under an oral
>agreement that McKiernan would have no responsibility for any child born as a
>result of the IVF procedure, according to the written opinion of Senior Judge
>Patrick Tamalia. Ferguson gave birth to twin boys in August 1994 and filed for
>child support from McKiernan approximately five years later. Ferguson said that
>McKiernan was a "willing partner" in the procedure, according to the
>AP/Inquirer. The three-judge panel said that the agreement between Ferguson and
>McKiernan that released him from any obligation to provide support was a valid
>contract "on its face" but was unenforceable because of "legal, equitable and
>moral principles," according to the AP/Inquirer. The state appellate court
>previously has ruled that parents cannot make arrangements that give up a
>child's right to support. "We agree with the trial court, although we find
>(Ferguson's) actions despicable and give (McKiernan) a sympathetic hue, it is
>the interest of the children we hold most dear," Tamalia wrote in the ruling.
>The ruling "should give pause" to sperm and egg donors who expect anonymity,
>according to Arthur Caplan, 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," Caplan said. At least 19 states -- but not Pennsylvania --
>have adopted a version of the Uniform Parentage Act, which ensures sperm donors
>cannot be "forced to take on the responsibilities of active fatherhood,"
>according to the AP/Philadelphia Inquirer (Scolforo, AP/Philadelphia Inquirer
>7/25).
So soon you won't be able to find a sperm donor or obstetrician in Pennsylvania!
Robert Modugno MD MBA FACOG
Marietta, GA
http://www.novaobgyn.yourmd.com
>
