Legal Question in Family Law in Massachusetts

Re: Surrogate Parenting

The obligation to pay child support is one imposed by the state for the benefit of the child. A custodial parent may try to grant immunity to the non-custodial parent, but it will not be binding on her, especially if she has to go on welfare.

An exception is made for artificial insemination with the consent of the husband, in which case the husband is held accountable for child support.

There are no other exceptions, however the sperm is donated.

Re: Surrogate Parenting

Be very careful.

In Sweden, a sperm donor was ordered to pay child support.

I received a phonecall from s sperm donor to one of a lesbian couple. He was later approached for child support. I do not recall whether the custodial parent was the bio mom or the other lesbian. Nevertheless, he did find himself in the middle of a court action. Sorry that I never learned the outcome.

In a recent "two lesbian" case (T.F. v. B.L., 813 N.E.2d 1244, 442 Mass. 522 (2004)), the Mass. SJC wrote:

"parenthood by contract" was not law of the state, and, thus, to extent parties had entered into agreement, express or implied, to coparent child, agreement was unenforceable.

Duty to support a minor child, whether born in or out of wedlock, is statutory. > M.G.L.A. c. 208, � 28; c. 209, � 37; c. 209C, � 9.

"The plaintiff, T.F., and the defendant, B.L., are two women who lived together from 1996 to 2000. During this time, the plaintiff became pregnant through artificial insemination, and in July, 2000, after the couple had separated, she gave [442 Mass. 523] birth to a child. In January, 2001, the plaintiff filed a complaint in the Probate and Family Court Department. . . . she requested that the defendant be ordered to pay child support under the child support guidelines. . . . The judge found that there was an agreement "to create a child," which the defendant had breached. However, the judge did not issue an order of support.

Be careful. That was the decision for two women. Clearly the noncustodial parent was not the "father." With your sperm, you would be the father. So do not expect that the court would go as easily on you!

I expect the custodial parent in "T.F." will be suing the sperm donor. We shall see.

Re: Surrogate Parenting

I strongly advise you to have an attorney draft such an agreement; this is not something you would draft yourself and definitely, not something that warrants a simply answer. Good luck. Sincerely, Maria Murber