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Pennsylvania State Superior Court Orders Sperm Donor To Pay Child Support for Twins Conceived Through IVFFrom: Joanne Bulley, MD (dean@thehuffpeople.net)Thu Jul 29 10:13:44 2004
.. 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).
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