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State agency seeks child support from sperm donor

State agency seeks child support from sperm donor

Most often in family law cases where there is a dispute about the father, a paternity test is in order. That way all involved will know with certainty the identity of the biological father. In a majority of cases it's the mother asking the court to establish paternity in order to obtain an order for child support.

In a case that has been winding its way through the courts, it is not the child's mother but a state agency that is looking to have a support order issued against a sperm donor. In Illinois, the state may seek reimbursement for public assistance paid to a custodial parent through a child support order from the noncustodial parent. In many cases, paternity will have to be established in order for the state to seek reimbursement from a biological father.

In this case, there is no question about paternity, but neither parent intended for the biological father of the child to be considered a legal parent for any purpose. The biological father donated sperm so that the mother could produce a child to be raised by her and her lesbian partner. He specifically gave up all parental rights to the child, having signed a contract to that effect, and did not intend to parent or assume financial responsibility of the child resulting from his sperm donation.

If you are facing the financial obligations stemming from an inappropriate or unfair child support order, you may consider filing for a modification of the order. Paternity and child support issues can be complex and you may wish to consult with an attorney who is skilled in the area of family law to advise you on your legal rights in such cases.

Source: The Topeka Capital-Journal, "Defendant in sperm donor case seeks summary judgment," Tim Hrenchir, July 23, 2013


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