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Sperm donor must pay child support, Swedish court rules - 10/21/2005 4:40:11 PM   
Wolfie648


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http://www.sweden.se/cgi-bin/MsmGo.exe?grab_id=10&page_id=10946560&query=oct+12&hiword=12+oct+

12 Oct 2005

Sperm donor must pay child support, Swedish court rules

STOCKHOLM, Oct 12 (AFP) A Swedish man who donated his sperm to a lesbian couple must pay child support for the three children he fathered, Sweden's Supreme Court ruled on Wednesday.

The man, now 39, donated his sperm to the couple in the early 1990s. Three sons were born during the years 1992-1996, according to Swedish news agency TT which reported the ruling.

The man told the court that he and the women had agreed that he would play no role in the boys' childrearing and that the two women would be their parents.

Nonetheless, the man signed a document confirming that he was the biological father of the children.

Shortly after he signed the document, the two women separated and the biological mother demanded that the man pay child support.

The man took the case to court, but lost in the district and appeals courts.

etc. etc.

Not really a BDSM topic but I thought it was an interesting one.

D (owner of j)
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RE: Sperm donor must pay child support, Swedish court r... - 10/21/2005 5:10:29 PM   
Saint


Posts: 279
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Thats not even right! What next? You donate your blood to the red cross, someone in a life or death situation needs a transfusion and recieves your blood, then sues you because he was suicidal and never asked to be saved in the first place??

I guess Im missing something here because if this sets a precedent that carries over somehow into U.S. law, what will keep every male who has ever donated from being sued by the recipiants of his seed? Will courts then subpoena the donation records and make them public so that hardluck parents can then turn around and sue the poor bastard who donated his sperm 20 years ago??

Whats the world coming to when a guy cant even donate his sperm without the fear of being sued for child support. Christ already.

(in reply to Wolfie648)
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RE: Sperm donor must pay child support, Swedish court r... - 10/21/2005 6:25:18 PM   
FLButtSlut


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What you are "missing" is that this was not a case involving a sperm bank for starters. This man donated his sperm within a private setting and willingly documented that he was the biological father of the children.

Right now, many of you are likely saying "So?" Well there are differences and important legal ones. At a sperm bank, first of all, you are anonymous and remain so forever. Although, while I'm not positive, there might be a possibility of identification for such situations as needing a kidney transplant or something. Regardless, the donor signs away his legal right to his sperm and the recipients are made aware that they have no recourse towards the donor for any reason. I don't doubt that at some point, some fool will try to get somewhere with it, but the legalities involved with sperm banks is vastly different than "private" donation.

This man was a friend of the couple he donated to. Regardless of his agreement to not take part in the childrearing, he left the door to child support open by documenting that he was the biological father. Not that it makes what this woman did right, although I am betting we only have a small portion of the story (such as exactly *how* did he go about donating his sperm). The simplest way to prevent such a thing would have been for this man, after each birth to legally terminate his parental rights to the child and the child be formally adopted by the person in the couple who did not take part in the conception. Had THIS been done, this woman would never have been able to sue him for child support because he would legally have severed his connection with the child.

It is a rather expensive lesson for the man in the end, but speaks volumes about how people plunge ahead on things without really examining all of the facts and legalities that will protect them should the need become necessary.

(in reply to Saint)
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RE: Sperm donor must pay child support, Swedish court r... - 10/21/2005 8:07:19 PM   
Wolfie648


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quote:

What you are "missing" is that this was not a case involving a sperm bank for starters. This man donated his sperm within a private setting and willingly documented that he was the biological father of the children.


**The man, now 39, donated his sperm to the couple in the early 1990s. Three sons were born during the years 1992-1996,

Shortly after he signed the document, the two women separated and the biological mother demanded that the man pay child support.**

Coincidence that shortly after he signed it?...

quote:

(such as exactly *how* did he go about donating his sperm).


**The man, now 39, donated his sperm to the couple in the early 1990s. Three sons were born during the years 1992-1996,**

I'd say it was frozen for a bit. :-)

Well guys I guess the lesson this poor guy learned fo us all is to get it in writing.

D. (owner of j)

(in reply to FLButtSlut)
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RE: Sperm donor must pay child support, Swedish court r... - 10/21/2005 8:50:34 PM   
FLButtSlut


Posts: 344
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quote:

ORIGINAL: Wolfie648

Shortly after he signed the document, the two women separated and the biological mother demanded that the man pay child support.**

Coincidence that shortly after he signed it?...


I'm sure it isn't. My point was that the man did something without thinking about the implications of what he was doing. Why do this when you have agreed to take no part in their lives? It doesn't make much sense.


quote:

ORIGINAL: Wolfie648
**The man, now 39, donated his sperm to the couple in the early 1990s. Three sons were born during the years 1992-1996,**

I'd say it was frozen for a bit. :-)

Well guys I guess the lesson this poor guy learned fo us all is to get it in writing.

D. (owner of j)


The "early" 90s would include 1992, don't you think? It would seem that while you are likely correct in it being frozen, who froze it? A sperm bank would have certainly counseled the parties on the legalities involved. I honestly have no clue, other than a sperm bank or their own freezer, where sperm can be "stored" for future use.

And please note, the rest of my post...

quote:

The simplest way to prevent such a thing would have been for this man, after each birth to legally terminate his parental rights to the child and the child be formally adopted by the person in the couple who did not take part in the conception. Had THIS been done, this woman would never have been able to sue him for child support because he would legally have severed his connection with the child.


I am a BIG advocate of the "get it in writing" concept of doing things that have potential ramifications in the future. The guy certainly didn't ask me my opinion on the matter before hand or I would have told him, to get in writing. I even went so far in this post to let all you guys who might ever consider such a situation WHAT you need to get in writing, because I don't want anyone to think that all parties simply signing a document and having it notarized that "he" will never have to pay child support would stand up in court. Before you ask, it won't, regardless of what the oral agreements were or anything else that could be brought up at trial. The ONLY protection in a scenario like this is termination of rights AT BIRTH. A document upon "donation" of the sperm indicating what it was for and that parental rights are not to be attached would also be advisable. Oh yea, and do it with an attorney, not some store bought or "found it on the internet" documents.

(in reply to Wolfie648)
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RE: Sperm donor must pay child support, Swedish court r... - 10/22/2005 5:05:52 AM   
mnottertail


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Well U S Law will make you pay child support even if you are not the biological father.........just because silly you believed her when she said it was yours.. 'trust but verify'

_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


(in reply to FLButtSlut)
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RE: Sperm donor must pay child support, Swedish court r... - 10/22/2005 10:06:12 AM   
FLButtSlut


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quote:

ORIGINAL: mnottertail

Well U S Law will make you pay child support even if you are not the biological father.........just because silly you believed her when she said it was yours.. 'trust but verify'


Actually, that is only partly true. The legal system "assumes" the father of a child born during the marriage to always be the father, which leads to child support in a divorce.

In unmarried couples, most states will automatically request verification of paternity, and ALL will verify if paternity is in dispute.

Even with a married couple, paternity can be verified if there are doubts. HOWEVER, many Courts now recognize a "psychological" parent - someone who has performed all of the duties of a parent for a prolonged period of time.

Obviously, somewhere along the way, you or someone close to you got what they think was a "raw" deal on a child support issue.

An important factor in YOUR issue is whether or not there was involvement (as believing a child to be yours) for a significant period of time. Regardless of the justified anger at the mother for her dishonesty, if someone has been a parent to the child in question, the child's best interest should be top priority. In other words, don't make the child suffer for the sins of the mother, i.e. abrubtly withdrawing from the child's life. You may not understand or agree with what the Court has done, but child support is only ordered to be paid by a non-biological parent when the "psychological" parent model has been proven to apply.

(in reply to mnottertail)
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RE: Sperm donor must pay child support, Swedish court r... - 10/22/2005 11:26:00 AM   
Wolfie648


Posts: 600
Joined: 9/14/2005
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quote:

And please note, the rest of my post...


I read it - good advice.

I suppose what I'm saying is: what a ridiculous ruling. What a ridiculous situation that the judge probably had to rule this because of 'established law' or precedence or something silly.

Now before we get into whether precedence is a 'good' or 'silly' thing or not allow me to say that it has some merit. Obviously nothing (or not much, certainly not precendence) is universal and cases should be (or allowed to be by the legal system) dealt with, with both precedence and common sense. And before we jump on the reality and 'shoulds' don't match bandwagon - I completely understand that there are a lot of 'shoulds' in life that we will probably never see. Which leads us (me at any rate) back to my earlier statement: Ridiculous.

D (owner of j)



_____________________________

Possibly.

(in reply to mnottertail)
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RE: Sperm donor must pay child support, Swedish court r... - 11/3/2005 12:10:31 PM   
lonewolf05


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Joined: 6/21/2005
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quote:

Well U S Law will make you pay child support even if you are not the biological father.........just because silly you believed her when she said it was yours.. 'trust but verify'

=======

damned good thing i took it to court when i divorced my 1st wife....
she had a kid wasn't mine...i asked for blood tests-------not mine.
kid has "A" blood mine is B hers is "O"

oops
she hung herself on that boo boo

i have a kid with MY name but not my blood

and life moves on

see me later


wolf

(in reply to mnottertail)
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RE: Sperm donor must pay child support, Swedish court r... - 11/13/2005 6:05:57 PM   
HeavenlyCeleste


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Joined: 9/12/2005
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More proof that men can't get a fair shake in the court system when women and children are concerned!

(in reply to Wolfie648)
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