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Re: Pennsylvania State Superior Court Orders Sperm Donor To Pay Child Support for Twins Conceived Through IVF From: ainsron (ainsron@sbcglobal.net) Thu Jul 29 12:19:19 2004 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: Dean Huffman: "Re: Pennsylvania State Superior Court Orders Sperm Donor To" Previous message: Terrence.Jones@kp.org: "Re: Estrogen and breast cancer" In reply to: RModugno@aol.com: "Re: Pennsylvania State Superior Court Orders Sperm Donor To Pay Child Support for Twins Conceived Through IVF" Next in thread: Dean Huffman: "Re: Pennsylvania State Superior Court Orders Sperm Donor To" Reply: Dean Huffman: "Re: Pennsylvania State Superior Court Orders Sperm Donor To" So for the legal minds out there, was the problem that the parties had only a "oral" agreement, rather than a contract written by an attorney? Ronald E. Ainsworth -----Original Message----- From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of RModugno@aol.com Sent: Thursday, July 29, 2004 8:50 AM To: Multiple recipients of list OB-GYN-L Subject: Re: Pennsylvania State Superior Court Orders Sperm Donor To Pay Child Support for Twins Conceived Through IVF 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 > Next message: Dean Huffman: "Re: Pennsylvania State Superior Court Orders Sperm Donor To" Previous message: Terrence.Jones@kp.org: "Re: Estrogen and breast cancer" In reply to: RModugno@aol.com: "Re: Pennsylvania State Superior Court Orders Sperm Donor To Pay Child Support for Twins Conceived Through IVF" Next in thread: Dean Huffman: "Re: Pennsylvania State Superior Court Orders Sperm Donor To" Reply: Dean Huffman: "Re: Pennsylvania State Superior Court Orders Sperm Donor To"

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