A strange child support case is making headlines in another state. Pennsylvania and most other state laws require parents to support their children monetarily in the event of a divorce or separation. However, one father is claiming his wife’s artificial insemination nullifies his requirement to pay the child support because the children conceived during the marriage are not biologically his. The man had a vasectomy and could no longer have children, so the couple turned to a family friend for help.
That friend donated his sperm to the couple, and they performed the insemination process at their home. The process was successful, and they welcomed a son soon after. They used the same process with success again a couple of years later and had a daughter. However, they separated about three years later, and the father was awarded visitation. He also provided financial support for the children.
The man filed for divorce in 2010, and claimed he was not the biological father of the two children. He stated he never ‘voluntarily’ consented to the insemination process and should not have to continue support the children. A trial court ordered the man to begin paying child support, and the father appealed the verdict. He has since lost that appeal, and a court ruled the children were from the marriage. Accordingly, the father is required to support them.
When a Pennsylvania parent tries to avoid child support, the situation can make for strained relationships. Fortunately, custodial parents in this situation can seek intervention through the courts. Those who fail to make their required payments may be subjected to a variety of enforcement actions, including the potential for criminal proceedings that could result in hefty penalties and fines.
Source: 10news.com, “Dad claiming artificial insemination negates his child support responsibility faces setback,” Jan. 15, 2013