4 ms·

Sperm Donor Charged For Child Support By Lesbian Couple

4 points by Olshansky 14y ago

Shank 14y ago
So, if I'm reading this right, they didn't use a state approved doctor during the process, and that's why the contract has been deemed invalid? I can somewhat understand this, but it still seems peculiar as to why that would have happened in the first place.
- anigbrowl 14y ago
  The state wants people to go through a licensed medical professional in order to minimize the administrative cost of fact-finding. For one thing, cases like this can result in near-endless litigation that imposes a substantial cost on the court system; more frequently, people may make bogus claims about non-responsibility in order to evade their child support obligations, so basically the state says that the burden of proof is on the donor, and the standard of proof is confirmation from a state-licensed medical professional. Yes, it assumes the worst about people and effectively invalidates a whole swathe of private contractual arrangements, but experience sadly suggests that the honor system doesn't work very well in this area.
  - dromidas 14y ago
    I get the feeling that using the error of not going to a licensed doctor is equivalent to traffic lawyers getting you off the hook of a ticket because the cop didn't attend his yearly radar gun training. Meaning if they couldn't get them on this technicality, they would have just found another one.
cesther 14y ago
Title of HN post is misleading, it is the state that is seeking to have the sperm donor support the child not the child's mothers.
noonespecial 14y ago
Here's an interesting take on the situation that postulates this as a possible veiled attack on same-sex marriage. It also states more clearly that it is, in fact, the state that is taking this action against the will of the child's adoptive mothers. http://www.foxnews.com/us/2012/12/31/kansas-sperm-donor-to-same-sex-couple-readies-for-child-support-fight/ http://www.foxnews.com/us/2012/12/31/kansas-sperm-donor-to-s... Heh, Fox News, of all sources.

4 points by Olshansky 14y ago

Shank 14y ago

So, if I'm reading this right, they didn't use a state approved doctor during the process, and that's why the contract has been deemed invalid? I can somewhat understand this, but it still seems peculiar as to why that would have happened in the first place.

anigbrowl 14y ago
The state wants people to go through a licensed medical professional in order to minimize the administrative cost of fact-finding. For one thing, cases like this can result in near-endless litigation that imposes a substantial cost on the court system; more frequently, people may make bogus claims about non-responsibility in order to evade their child support obligations, so basically the state says that the burden of proof is on the donor, and the standard of proof is confirmation from a state-licensed medical professional. Yes, it assumes the worst about people and effectively invalidates a whole swathe of private contractual arrangements, but experience sadly suggests that the honor system doesn't work very well in this area.
- dromidas 14y ago
  I get the feeling that using the error of not going to a licensed doctor is equivalent to traffic lawyers getting you off the hook of a ticket because the cop didn't attend his yearly radar gun training. Meaning if they couldn't get them on this technicality, they would have just found another one.

cesther 14y ago

Title of HN post is misleading, it is the state that is seeking to have the sperm donor support the child not the child's mothers.

noonespecial 14y ago

Here's an interesting take on the situation that postulates this as a possible veiled attack on same-sex marriage. It also states more clearly that it is, in fact, the state that is taking this action against the will of the child's adoptive mothers. http://www.foxnews.com/us/2012/12/31/kansas-sperm-donor-to-same-sex-couple-readies-for-child-support-fight/ http://www.foxnews.com/us/2012/12/31/kansas-sperm-donor-to-s... Heh, Fox News, of all sources.