Monday, January 7, 2013 9:31:11 AM
Draculya has it right, they should have used a lawyer. We adopted a few years ago and it is the first piece of advice I give anyone who is considering adoption or anything similar... get a lawyer. A $1000 spent on legal fees would have saved all of this problem.
Monday, January 7, 2013 8:47:48 AM
@kcpd2050 Oy Vey The gov is claiming child support from a biological father because they do not want to foot the bill. Mothers are currently under financial difficulties.
Soooo if the mothers give the money back to the sperm donor, what are they supposed to feed the child? Tasty rock soup?
Monday, January 7, 2013 5:28:53 AM
On the face of it, this sounds like evil bureaucracy against a do-gooder. However, he did not go by the book, he did not even read the book and did not consult a lawyer (in a situation where there are obvious legal implications). He did not use a licensed physician and he did not even make sure the agreement was executed properly.
The clause about the insemination being performed by a physician is an important distinction as it would discriminate between children conceived in passion or where the couple separates but the non-custodial parent wishes to avoid financial obligation.
It seems to me that the state is bound by statute to pursue the case. There is a case to be heard, but if he can establish that his situation was not intended to be covered by the legislation then he should get off. If not, he may have a civil case against the couple for restitution plus costs.
Monday, January 7, 2013 3:28:56 AM
Devil's advocate again:
Brenda and Dennis are an unmarried couple who decide to have a child. Dennis earns, Brenda doesn`t. Brenda and Dennis write up a contract stating Dennis is just donating sperm, and does not have to pay a penny to support the child.
They have the child, and Brenda claims she is an umarried mother with no income, and she has an agreement and a contract with the father that he will not have to pay to support the child.
Brenda and Dennis and their new baby live happily ever after together as a family, enjoying Dennis`s regular income and Brenda`s fraudulently-obtained state benefit.