aTypical Joe: a gay New Yorker living in the rural South

Tuesday, December 04, 2007

Sperm donor liable for child support???

I sent this one right off to Walter Olson. Absurd:

A Nassau County man who said he donated sperm to a female co-worker as a friendly gesture—and then sent presents and cards to the child over the years—is legally considered the father and may have to pay child support for the college-bound teenager, according to a judge’s ruling. [...]

Nassau County Family Court Judge Ellen Greenberg ruled on Nov. 16 that despite the mother’s willingness to have the child’s DNA tested, the man was barred from seeking a paternity test to determine if he is truly the father because the results could have a “traumatic effect” upon the child, who is now 18 years old and lives in Oregon with the mother. The next step is a meeting with a support magistrate to determine the amount of child support payments—if any—the man would have to pay until the teen turns 21, Kelly said. [...]

Even without genetic evidence, the man’s interactions with the child over the years had a patriarchal nature, said Jeffrey Herbst, an attorney who represents the mother in the lawsuit through a federal agreement called the Uniform Interstate Family Support Act.

“It’s still a parental relationship,” Herbst said.