Sperm Donor Liability In Future Paternity and Child Support Actions
- May 1, 2013
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Plaintiff was artificially inseminated by sperm from defendant, her former partner now married to another woman. Following the birth of twins, plaintiff filed an action to establish paternity, obtain full custody and establish child support. N.J.S.A. 9:17-44(b), the statute applicable to artificial insemination in New Jersey, prevents a sperm donor from being subject to child support or paternity claims as long as a properly licensed physician performed the insemination and the parties fully and truthfully disclose all required information. Where there is no licensed physician involved or, as in this case, one or both parties give false information the sperm donor may be named the father in a paternity action and subject to child support. In the instant case, Renden v. Ale, the parties knowingly deceived the physician performing the procedure when the sperm donor stated he was not legally married to another person at the time the procedure was performed. The court determined that the physician would not have performed the procedure if the sperm donor had been truthful and this deception deprived the sperm donor of the protection of the artificial insemination statute. The court decided the case in favor of the plaintiff, naming the sperm donor as the father in the paternity action, granting full custody of the children to the mother and establishing child support to be paid from the defendant to the plaintiff. If you are seeking to establish paternity or defend against a paternity suit or wish to establish or modify child support, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on child support, custody, parenting time/visitation, adoption, dissolution of a civil union, marriage or domestic partnership, modifications, alimony, palimony or other family or juvenile law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter.