Legal Question in Family Law in New Jersey

Ivf if sperm donor is used?

If I divorce my wife, and she is going through ivf cycles and she is using a sperm donor and none of my dna at all with the child, am i held responsible for child support for this child, once a divorce is finalized?


Asked on 11/03/06, 9:59 am

3 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Ivf if sperm donor is used?

very interesting issue, and requires a little research. i would not want to guess on this one. one thing that i would like to know is whether you agreed and participated in this ivf procedure.

you really need to get a divorce attorney to analyze this carefully for you. if your current attorney is unwilling to research it and answer the question, then get another attorney.

Please give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 11/03/06, 10:40 am
Ana Esteves Law Office of Ana P. Esteves

Re: Ivf if sperm donor is used?

If a child is born while you and your wife are still married, you are assumed to be the child's father, regardless of whether or not the child is yours biologically and your name would go on the birth certificate. If you were to then get divorced, you could ask for DNA tests to prove the child was not yours biologically but depending on other factors, the Court may still require you to pay support regardless of whether or not the child is yours biologically.

If she has the child after you are divorced, then your name would not appear on the birth certificate and you would not be the child's father, legally (unless you have signed any documents during the marriage acknowledging the child would be yours even if a donor was used.)

I hope my reply helps. You can contact me directly.

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Answered on 11/03/06, 10:52 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Ivf if sperm donor is used?

I agree with Ms. Esteves. I would do everything you can to seperate yourself from her and her situation as soon as possible.

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Answered on 11/03/06, 1:51 pm


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