Re: Pennsylvania State Superior Court Orders Sperm Donor To
From: Dean Huffman (dean@thehuffpeople.net)
Thu Jul 29 12:24:41 2004
..
I guess that puts a new spin on "oral" sex.
- - - -
At 12:20 PM 7/29/2004 -0500, you wrote:
>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
>
> >
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