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Sperm Donor Sought for Child Support

On behalf of The Law Offices of Cindy D. Sackrin posted in Child Support on Friday, January 18, 2013.

Usually, child support agreements are made between divorced or separated parents who may have never been married. Modern family structures in Florida and across the country, however, are testing the limits of traditional family law in some areas.

In a recent case in Kansas, the state is attempting to force a sperm donor who helped a lesbian couple conceive a child to pay child support. This is a case that may interest individuals in other states, as well, should the state prevail. The man relinquished all parental rights, including financial responsibilities, in an agreement when he donated sperm to the two women in 2009.

The couple broke up in 2010, but continue to co-parent their eight children together, who range in age from 3 months old to 25 years old. When one of the women filed for state insurance assistance for the child that the man fathered, the court demanded the identity of the sperm donor.

The state is arguing that the agreement relinquishing the donor's rights is invalid because a licensed physician is required in order to legally conduct artificial insemination. The Department for Children and Families is arguing that due to the invalidity of the agreement and the benefits pursued by the parties, it must establish paternity and then seek support from the non-custodial parent. The donor has grown increasingly concerned about the legal fees he has incurred in the case. The couple in this case supports the donor's attempts to fight the state.

Child custody issues may be complex and carry with them high emotions and serious concerns. Understanding how the legal system determines child support may help make the process go more smoothly.

Source: SouthFloridaGayNews.com, "State Trying to Make Sperm Donor Pay Child Support," Jan. 3, 2013

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