On behalf of Law Offices of KML Associates, Attorneys at Law, Karen M. Lavin, Attorney at Law
Parents and soon-to-be parents in Illinois understand having children means much responsibility. For some couples, they have to go through other means to obtain a child if they cannot conceive one on their own. Although these methods are considered very beneficial, they could also include complex issues such as those pertaining to custody and support.
It has become a familiar family law story in recent years. A same-sex couple wants to have children, but they do not want to go through the expense of in vitro fertilization so they post an ad on Craigslist. A man responds to the ad. As part of the deal, the couple and the man agree that the man is just donating sperm. The man will not have any parental rights or child support obligation. Fast forward a few years and the deal goes sideways because a state government pursues the man for child support.
In a recent situation, a man from Illinois answered a Craigslist ad. He and the couple signed a contract that waived the man’s parental rights and responsibilities. Despite that, the state does not want to respect the contract because it alleges the contract is moot under a 1994 state statute. The statute requires that a licensed physician perform artificial insemination in sperm donor cases.
Due to legalities, the state has requested that the man take a paternity test. The state wants the man to pick up a $6,000 tab from public assistance the child, who is now four-year-old, has received from the state. For now, the case is very much up in the air.
But what is not up in the air is that Illinois same-sex couples need to think carefully about reproduction. Not doing so can cause headaches down the line. To avoid many of those problems before they even start, Illinois couples may want to seek guidance and assistance in the situation. This could ensure that all paperwork is properly drafted and enforceable.
Source: kctv5.com, “Sperm donor fights gene testing after forced to pay child support,” Chris Oberholtz, Mar. 24, 2014
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State going after sperm donor for child support