Legal Question in Family Law in Pennsylvania

child support

If a man donates his sperm to a woman to produce a child, and they sign notorized documentation that he will not be in any way responsible for that child, can the woman still take the man to domestic relations to get child support payments from him?


Asked on 3/24/07, 8:09 pm

2 Answers from Attorneys

Glenn Brown Real World Law, P.C.

Re: child support

I agree with the first answer.

The agreement between the parties that appellant would donate his sperm in exchange for being released from any obligation for any child conceived, on its face, constitutes a valid contract. Based on legal, equitable and moral principles, however, it is not enforceable. See Kesler v. Weniger, 2000 PA Super 2, 744 A.2d 794, 796 (Pa. Super. 2000) (holding that HN3a parent cannot bargain away a child's right to support); [***5] see also Sams v. Sams, 2002 PA Super 300, 808 A.2d 206 (Pa. Super. 2002) (holding, inter alia, that HN4while child support Orders and private agreements for support may coexist, a child's right to support cannot be bargained away by either parent, and any release or compromise is invalid to the extent it prejudices the child's welfare)

Ferguson v. McKiernan, 2004 PA Super 289, P6 (Pa. Super. Ct. 2004)

However, this issue has a different answer in other states. The relationship between the parties and the mother's marital status may play a role.

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Answered on 3/25/07, 2:53 pm
John Davidson Law Office of John A. Davidson

Re: child support

Yes, contracts for not going for child support are illegal in Pennsylvania.

Question I have why does everybody seem to think that having anything notarized means anything but that the signatures are of those who signed the document.

If you'd get back to me on that I would appreciate it. I'm also a notary as well as an attorney.

{John}

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Answered on 3/24/07, 9:45 pm


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