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

Here is a story that declares beware all over it.  Attention those using sperm donors - do it right or this could happen to you.

"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.”
'

Oh, and they inseminated the one partner at home - no doctor and no legal agreement.  Ouch!

FRIDAY LEGAL UPDATES - India Surrogacy, Embryos & Divorce, New York & Same Sex Marriages

TGIF, everyone!  Well, not much on the legal front this week that is new news, but here are a few items that I think are newsworthy.  Have a great weekend!

New York - Governor Patterson of New York announced plans that he is set to introduce same-sex marriage legislation into the State Assembly

If the legislation passes, it would make New York the fifth state to legalize same sex-marriage. Similar measures have been approved by courts or lawmakers in Connecticut, Vermont, Massachusetts and Iowa.

"We hope to have this bill passed at the end of June, at the end of the legislative session," said Kellner. "No one wants to bring this to the floor to fail, it would be a huge disaster. We want to make sure that if we bring this to the floor for a vote that it passes."

Nationwide - What Happens to Embryos When a Marriage Dissolves? 

One of the principal legal issues of ART, at the moment, regards the disposition of embryos and whether a couple that uses assisted reproductive technologies should be governed by the laws of contract or by the right to procreate. More specifically, when the couple decides to divorce and cannot agree on the disposition of the embryos that they created through ART, the following questions must be asked: who should have the right to procreate and who should not? Should the couple’s informed consent contract, which was signed before the creation of the embryos, trump the rights of the parties individually after the embryos are already in existence?

India - As I am continually being asked about surrogacy in India and I continue to hear of cases that are not working out as planned, I want to make certain that I provide those couples with the information that I have available.  I am not against surrogacy in India, I merely want to make certain that everyone makes their decision with their eyes wide open. 

Surrogacy & Child Rights

Right of Foreign Homosexuals to Have a Surrogate Child in India: An Analysis

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