|
|
 |
 |
 |
|
|
|||
|
||||
|
||||
Re: Pennsylvania State Superior Court Orders Sperm Donor To Pay Child Support for Twins Conceived Through IVFFrom: DoctorJoe@aol.comThu Jul 29 21:47:19 2004
In a message dated 7/29/04 10:15:09, dean@thehuffpeople.net writes:
> "We agree with the trial court, although we find The courts lean toward the CHILD as THE most important consideration. Why, in La. we've had DUAL paternity, where one guy was the husband and "legal" father and another guy was the biological father. The courts make them both available for support if need be, reasoning that the child's welfare is paramount. Joe P.
>From some stupid student's law school notes: Smith v. Cole, 553 So.2d 847 (La. 1989) Mother filed for filiation to biological father of child (and child support), even though mother was married to another man who was legally the child's father. Trial judge affirmed D's exception, that he was not the father since the woman's husband was the legitimate father. App. Ct. reversed, and D appealed. On Appeal: S. Ct. discussed the concept of dual paternity, and held that because the woman's husband had not disavowed the child, he was the legitimate legal father. However, since the biological father had the right to file an avowal action, it was not right that he could avoid a filiation action. Therefore, especially since the facts of the case indicated that child's best interest would be served by the biological father's paying (along with the mother) child support, the child would remain the legitimate child of the husband, but the biological child (with support ordered) of the biological father. a. at one time, D's argument would have worked in La. - the husband would have been the presumed father and that would be that b. Warren v. Richard, 296 So.2d 813 (La. 1974) - introduced to La. the idea of dual paternity - legitimate child of a marriage, but the biological child of a person not the mother's husband - a child can be a legitimate child of one man via Article 184's presumption (and lack of disavowal of paternity by the husband) and legitimate, but still have rights with respect to the biological father (in Warren, a 2315 wrongful death claim)
|
|
Return to
|
Mail a New Message to the Forum: ob-gyn-l@obgyn.net Forum Administrator: geffrey.klein@obgyn.net Report Technical Problems: webmaster@obgyn.net Last Updated: Mon Nov 2 04:55:35 2009 |
The American Medical Association is no longer designating CME hours for AMA Category II CME credit. However, physicians themselves may self designate learning activities as Category II CME credit hours if they feel it is of sufficient educational merit and meets the formal definitions of continuing medical education. OBGYN.net believes these interaction in this forum meets these criteria. For further information see the AMA web site.