Can a Child Have Three Parents?
A Pennsylvania appellate court recently held that three (3) adults were liable for the support of the same children. In this case, a sperm donor had helped a lesbian couple conceive two children, only to find himself liable for child support, which may be the first ruling of its kind in the United States. The case was remanded to the trial court to establish how much the donor father would have to pay to the birth mother of the 8-year-old boy and 7-year-old girl.
"I'm unaware of any other state appellate court that has found that a child has, simultaneously, three adults who are financially obligated to the child's support and are also entitled to visitation," said New York Law School professor Arthur S. Leonard, an expert on sexuality and the law.
The two women moved in together as a couple in 1996, and they were granted a civil-union license in Vermont in 2002. In addition to conceiving the two children with the help of the sperm donor — a longtime friend of one of the women.
The women's relationship later fell apart, and they separated in February of 2006. Shortly afterward, a court required one woman to pay support to the custodial mother. The paying mother then lost an effort to have the court force the father to contribute support, but that decision was overturned on April 30, 2007.
The custodial mother said that the the father provided some financial support over the years and gradually took a greater interest in the children. "Part of the decision came down because he was so involved with them," she said Wednesday. "It wasn't that he went to the (sperm) bank and that was it. They called him Papa." The process was very informal, as the child was conceived at home.
In his written opinion requiring the father to help pay for the child's support, the Superior Court Judge noted that the father spent thousands of dollars on the children, including purchases of toys and clothing. The children knew he was their biological father, but he opposed the effort to compel support from him.
His lawyer, Matthew Aaron Smith said, "We made the argument that, according to Pennsylvania law as it stands, there can really only be two adult individuals that can be held liable for support in a child-custody case." The paying mother's attorney, Heather Z. Reynosa, wants the father's support obligation to be made retroactive to when the custodial mother first filed for support. The father died during the pendency of the litigation, and his Social Security survivor benefits may also help reduce the paying mother's monthly obligation.
It is unclear how the child support guidelines, which assume two parents, will be adapted to account for three parents. "That's what's going to be interesting, because there's not a whole lot of guidance out there," Ms. Reynosa said. The state Supreme Court is currently considering a similar case, in which a sperm donor wants to enforce a promise made by the mother that he would not have to be involved in the child's life. That biological father was ordered to pay $1,520 in monthly support. About two-thirds of states have adopted versions of the Uniform Parentage Act that can shield sperm donors from being forced to assume parenting responsibilities. Pennsylvania has no such law.
Note: The above was compiled from various news articles. The full appellate decision can be ready by clicking HERE.
Source: "Sperm Donor and Both Parents Liable for Support (Pennsylvania)" by Alexander R. Rhoads, published at his Iowa Family Law blog.
