In the nearly 25 years that I've been writing about America's lawsuit crisis, I thought I had seen everything. But a growing trend of holding sperm donors accountable for child support payments has to take the cake.
An increasing number of courts have ruled that sperm donors must take financial responsibility for their offspring, especially if the donors become involved in their lives. In some cases, this is in spite of an agreement between the donor and the mother that the donor will not be required to financially support the child. In most cases, courts will overlook the parents' agreements or conduct in the interest of providing for the children.
For instance, in a case decided last week, the New Mexico Court of Appeals ruled that a sperm donor who was "always present" in the lives of the children he fathered for a lesbian couple must pay US$250/month in child support. That's despite the fact that the man never agreed to be financially responsible for the children.
As the defendant, Kevin Zoernig, said: "It's technically not supposed to be true, but basically if you want to see your kids, you better pay."
Back in January, a Pennsylvania court came to the opposite conclusion. It ruled that a woman who explicitly promised a sperm donor that he wouldn't have to pay child support couldn't later renege on the deal.
In states that have enacted a version of the Uniform Parentage Act, truly anonymous sperm donors don't assume parenting responsibilities. But, donors must also sign away all parental rights, including visitation rights and even the right to know the identity of their children.
However, many sperm donors want to take some involvement in the upbringing of their children. And here's where being a nice guy can get you in trouble.
Last December, a New York court ruled that a doctor who donated sperm to a female hospital resident must pay child support for a boy who recently turned 18 years old. The case turned on the fact that although the doctor gave up all claims and rights to the child, he allowed his name to be put on the birth certificate. Until the boy was four years old, he also sent the child gifts and even birthday cards signed "Dad." Even though the boy is now legally an adult, the doctor must pay for his college education.
The convoluted legal status of sperm donation probably won't get resolved anytime soon. Most states haven't enacted the Uniform Parentage Act, and in those that have, the courts have construed it very narrowly. What's more, if a mother moves a child sired by a sperm donor from one state to another state, the donor's financial responsibilities may change as well.
The bottom line is that if you become a sperm donor and want to avoid child support payments, it's best to take no involvement whatsoever in the life of the child. This may be very difficult if you donate sperm to someone you know. It's only natural to want to take some role, however minimal, in the upbringing of the child. Just realize if you do so, you'll probably need to take financial responsibility as well.
Copyright © 2008 by Mark Nestmann
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