On behalf of Stange Law Firm, PC posted in Child Support on Wednesday, January 16, 2013.
A state’s Court of Appeals recently denied an appeal by a man who claims he should not have to pay child support because his ex-wife was impregnated by artificial insemination.
In looking at this case, the man and woman married in 2001. Due to a previous vasectomy, the couple looked into artificial insemination in order to have a family. A friend of the family ended up providing the sperm and the wife gave birth in 2004 to a baby boy.
Two year later, again through artificial insemination through the same donor, the wife had a baby girl.
In 2009, after roughly eight years of marriage, the husband and wife separated. At that time, wanting to see his own children, the father actively sought to have visitation rights and was helping to financially support the children. However, in 2010 when the actual divorce papers were filed, he stated that his wife had two children during their marriage, but that he was not the biological father of either.
Now he contends that he did not give his voluntary consent to the artificial insemination, and therefore, should not have to pay child support for the children.
So far a trial court has ruled that the man does need to pay child support and a Court of Appeals denied his appeal.
Of course for many Illinois fathers, when talking about child support, artificial insemination and who should pay may not be of concern. But, there are still plenty of fathers who have concerns when it comes to child support and visitation.
Source: ABC 10, “Dad claiming artificial insemination negates his child support responsibility faces setback,” Jan. 15, 2013