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Pennsylvania Court Orders Sperm Donor to Lesbian Couple to Pay Child Support?

Question by pepsco63 : Pennsylvania Court Orders Sperm Donor to Lesbian Couple to Pay Child Support? A sperm donor who helped a lesbian couple conceive two children is liable for child support under a state appellate court ruling that a legal expert believes might be the first of its kind in the U.S.

A Superior Court panel last week ordered a Dauphin County judge to establish how much Carl L. Frampton Jr. 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.
But Frampton, 60, of Indiana, Pennsylvania, died suddenly of a stroke in March, leaving lawyers involved in the case with different theories about how his death may affect the precedent-setting case.

Jodilynn Jacob, 33, and Jennifer Lee Shultz-Jacob, 48, moved in together as a couple in 1996, and were granted a civil-union license in Vermont in 2002. In addition to conceiving the two children with the help of Frampton — a longtime friend of Shultz-Jacob’s — Jacob also adopted her brother’s two older children, now 12 and 13

But the women’s relationship fell apart, and Jacob and the children moved out of their Dillsburg, Pennsylvania, home in February 2006.
Shortly afterward, a court awarded her about $ 1,000 a month in support from Shultz-Jacob. Shultz-Jacob later lost an effort to have the court force Frampton to contribute support — a decision that the Superior Court overturned April 30.

Jacob, who now lives in Harrisburg, said Frampton 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,” Jacob 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 — Jacob was inseminated at home.

In his written opinion requiring Frampton to help pay for the child’s support, Superior Court Judge John T.J. Kelly Jr. noted that Frampton spent thousands of dollars on the children, including purchases of toys and clothing.

The children knew he was their biological father, but Frampton opposed the effort to compel support from him.

“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,” said Frampton’s lawyer, Matthew Aaron Smith.

Shultz-Jacob’s lawyer, Heather Z. Reynosa, wants Frampton’s support obligation to be made retroactive to when Jacob first filed for support. Frampton’s Social Security survivor benefits may also help reduce Shultz-Jacob’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,” 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.
do you think that’s fair? Best answer:

Answer by gandamack2
Lets go with it….put a stop to a lot of these strange matchups having kids

Add your own answer in the comments!

6 Responses to “Pennsylvania Court Orders Sperm Donor to Lesbian Couple to Pay Child Support?”

  1. David P says:

    Just another case of “don’t ask for something, you just might get it”. The couple wanted all the rights afforded a hetero couple and got them but when it came down to living with the consequences of that decision they fell back to the victim role and negated their responsibilities. I’m all for Gay Unions but they have to understand that with rights come obligations.

  2. FLOYD R says:

    Did you hear that! With rights come obligations.
    What an interesting concept!

  3. zebj25 says:

    In this particular case, yes it seems fair. This wasnt a sperm bank where the father didnt know where the sperm was going. He had sex with the woman, yes I know she was a lesbian, but for the purposes of inseminating her, he had sex with her, and then stayed very involved. If he were like every other sperm donor he would have never or at least rarely spent time with the kids and the kids should not have been allowed to know who the sperm donor was. Because they knew he was the bio-dad and because he was so involved, that changes what my normal opinion would be.

  4. OhKatie! says:

    For the case of the man in PA, I can maybe see him having to pay child support for those kids if it was something he was already doing and then backed out of it (like alimony), although I don’t agree with it. For any other similar cases, why should the sperm donor, because that’s really all he is, be responsible for paying child support. He fulfilled his duty by donating the sperm, no part of that implies that he assume any fatherly roles.

    This, ladies and gentleman, is why, if you want to use artificial insemination to get pregnant, you always go through an accredited, licensed sperm bank where everything is kept confidential!

  5. Ann S says:

    No. This guy was a friend for a long time. He would have been a part of the child’s life anyway. As long as the friendship lasted. These people wanted the children. What a way to show your appreciation. It’s not his fault they didn’t work out.Some laws are so stupid. They are supposed to protect us. We the people who make up this nation. We are supposed to be the ones who ultimately decide what laws we want. The judges, rep’s, pres, etc. are all supposed to represent “we the people” as a whole. More and more it’s all about them.

  6. celticdragon says:

    WOW i do not know how to answer that

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