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Sperm donor must pay child support despite contract

For same-sex couples, making the decision to have a child is one that is wrought with choices. The couple has to decide if they will try to have a biological child of one partner or if they will adopt. If they want a biological child, they have to decide how the child will be conceived. For one same-sex couple that wanted a biological child, the decision was made to use a sperm donor that they would recruit off of Craigslist. That decision, however, has affected the donor in ways that he probably didn't imagine it would.

The couple and the donor had a written agreement that stated the man wouldn't be responsible for supporting the child. That agreement wasn't valid, according to the court. The problem came when the couple didn't use a licensed doctor during the process, which is required by the Kansas Parentage Act.

In October of 2012, the state filed to have the donor listed as the father of the child. The state wanted to get the man to repay approximately $6,000 that was given to the child via public assistance.

The judge in the case sided with the state and ordered the man to pay child support for the child.

While this case didn't happen in Texas, it is still one that should be at the forefront of anyone's mind who is considering artificial insemination to get pregnant. Seeking the help of a Texas family law attorney with experience in collaborative law may help you learn how to ensure that all parties in the process are properly protected.

Source: Fox News, "Judge rules Kansas sperm donor must pay child support" No author given, Jan. 23, 2014

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