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Re: Pennsylvania State Superior Court Orders Sperm Donor ToFrom: David Priver, MD (dpriver@aol.com)Thu Jul 29 16:57:11 2004
This is just another example of what a mess this whole assisted reproduction technology has become. Isn't it just what the world needs to have these women who waited 10 years longer than they should have out there giving birth to twins or triplets 8-10 weeks prematurely? Moreover, isn't it nice that we who pay for health insurance are required to underwrite the massive costs involved. I suppose this will continue as long as the media continues to rhapsodize the birth of septuplets instead of referring to it as the medical screw up that it is. At Thu, 29 Jul 2004, Dean Huffman wrote: > >.. > >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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