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kallend

A cautionary tale

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Yep. That's just wrong. I can understand where the state comes in wanting to be reimbursed for its welfare expenses, but that's what the other mother is for in this case.

Wendy P.
There is nothing more dangerous than breaking a basic safety rule and getting away with it. It removes fear of the consequences and builds false confidence. (tbrown)

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There was a thread here awhile back talking about being a sperm donor. I said at that time it was a pretty much a no-go situation because you can never know what foolishness could crop up later as a result of the recipient. Well, here we go. Perfect example.
quade -
The World's Most Boring Skydiver

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wmw999

Yep. That's just wrong. I can understand where the state comes in wanting to be reimbursed for its welfare expenses, but that's what the other mother is for in this case.

Wendy P.



Well, presumably only the birth mother would have any legal standing. The "other mother" is nothing more than a family friend as far as the state is concerned.
"What if there were no hypothetical questions?"

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Well, presumably only the birth mother would have any legal standing. The "other mother" is nothing more than a family friend as far as the state is concerned.



I think that when a child is born, the person or 2 people who intend to "parent" the child should legally accept that responsibility. When shit goes south and only one of those people is actually doing the parenting, the other one is on the hook for child support.
Owned by Remi #?

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labrys

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Well, presumably only the birth mother would have any legal standing. The "other mother" is nothing more than a family friend as far as the state is concerned.



I think that when a child is born, the person or 2 people who intend to "parent" the child should legally accept that responsibility. When shit goes south and only one of those people is actually doing the parenting, the other one is on the hook for child support.



I agree with you in principle and that is great if the state has a mechanism for recognizing two parents of the same gender. Kansas (and a whole host of other states) do not.

I honestly don't know how or if this issue is currently sorted out in states which have same-gendered marriage? I also don't know where that places the other "biological" parent in a situation like this.
"What if there were no hypothetical questions?"

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I honestly don't know how or if this issue is currently sorted out in states which have same-gendered marriage?



I don't know either, but given that more and more states are allowing same-sex marriage and adoption, they're going to need to sort it out.
Owned by Remi #?

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Boogers

***, but given that more and more states are allowing same-sex marriage and adoption, they're going to need to sort it out.



Yep, an unintended consequence of the gay marriage movement...

Yep.. Good thing as it will also protect sperm donors who donate to hetero couples.


Thanks again, gays! :)
Remster

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But under Kansas law, he is her father. Had a physician carried out the insemination, that would not be the case, because Marotta would be able to document that he was a sperm donor and not the lover of the girl's mother, CNN senior medical correspondent Elizabeth Cohen said.

"For all they know, they were lovers," she said. "They need that documentation. He's the dad..."



IMPO, the court's ruling was legally correct; and if I was an appellate court judge, I would vote to sustain the ruling.

See the language I highlighted in bold above. Ms. Cohen states the correct perspective of the law. Anyone versed in family law knows that "the best interests of the child" is the first and foremost consideration, before and above anything else. A child is legally entitled to support from his parents. The Kansas statute is designed to protect children from their parents trying to contract-away their legal obligation of support without adequate evidence.

This is not, as the donor's lawyers capably argue, a mere case of the state relying on a narrow construction of semantics. It is a matter of a statutorily-prescribed minimum threshold of evidence (procedure performed & documented by a physician) to absolve the donor of his legal obligation of support; and that threshold is designed to protect the welfare of children who have no say in the deal. Thus, the statute really MUST be adhered to strictly. The court appropriately ruled as such.

A cautionary tale indeed: do your homework first, and do things the right way, or bear the harsh consequences of your lack of due diligence.

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Boogers

***, but given that more and more states are allowing same-sex marriage and adoption, they're going to need to sort it out.



Yep, an unintended consequence of the gay marriage movement...

Since same sex marriage is not recognized in KS, and this couple was NOT married anyway, your statement is absurd and/or bigoted.
...

The only sure way to survive a canopy collision is not to have one.

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labrys

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Well, presumably only the birth mother would have any legal standing. The "other mother" is nothing more than a family friend as far as the state is concerned.



I think that when a child is born, the person or 2 people who intend to "parent" the child should legally accept that responsibility. When shit goes south and only one of those people is actually doing the parenting, the other one is on the hook for child support.



Lol, look at you applying logic to a system where they legislate based on emotion.
cavete terrae.

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quade

There was a thread here awhile back talking about being a sperm donor. I said at that time it was a pretty much a no-go situation because you can never know what foolishness could crop up later as a result of the recipient. Well, here we go. Perfect example.



There is no real threat if you do it through some official means like a sperm bank. If however you do amateurish shit like the guy in OP's article than you're just begging to be abused. Look at the lawyers post above mine.
Your rights end where my feelings begin.

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wmw999

Yep. That's just wrong. I can understand where the state comes in wanting to be reimbursed for its welfare expenses, but that's what the other mother is for in this case.

Wendy P.



The judge is probably a lesbian too, they always want to make men pay, they don't like women so much as they hate men.

Jan

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Andy9o8

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But under Kansas law, he is her father. Had a physician carried out the insemination, that would not be the case, because Marotta would be able to document that he was a sperm donor and not the lover of the girl's mother, CNN senior medical correspondent Elizabeth Cohen said.

"For all they know, they were lovers," she said. "They need that documentation. He's the dad..."



IMPO, the court's ruling was legally correct; and if I was an appellate court judge, I would vote to sustain the ruling.

See the language I highlighted in bold above. Ms. Cohen states the correct perspective of the law. Anyone versed in family law knows that "the best interests of the child" is the first and foremost consideration, before and above anything else. A child is legally entitled to support from his parents. The Kansas statute is designed to protect children from their parents trying to contract-away their legal obligation of support without adequate evidence.

This is not, as the donor's lawyers capably argue, a mere case of the state relying on a narrow construction of semantics. It is a matter of a statutorily-prescribed minimum threshold of evidence (procedure performed & documented by a physician) to absolve the donor of his legal obligation of support; and that threshold is designed to protect the welfare of children who have no say in the deal. Thus, the statute really MUST be adhered to strictly. The court appropriately ruled as such.

A cautionary tale indeed: do your homework first, and do things the right way, or bear the harsh consequences of your lack of due diligence.



worded far better than i could have. thanks.

that is what i read. he did not follow the law. amazing he would do something with such huge implications and not bother to properly research it. he is a dolt and suffering the consequences of said doltism. the OP was right. a cautionary tale. when creating a baby, you should give it some thought.
"The point is, I'm weird, but I never felt weird."
John Frusciante

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labrys

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I honestly don't know how or if this issue is currently sorted out in states which have same-gendered marriage?



I don't know either, but given that more and more states are allowing same-sex marriage and adoption, they're going to need to sort it out.



Interesting at least some states are giving presumption of parenthood to married gay couples:

http://www.lambdalegal.org/in-court/cases/gartner-v-newton

In CA one case has led the state to allow more than two parents: http://verdict.justia.com/2013/10/15/california-allows-children-two-legal-parents

A little googling was a dangerous thing here, as the state of the law appears really confused right now.
"What if there were no hypothetical questions?"

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