Little Raven
On Walkabout


Can you imagine being the judge that had to write up that ruling?
The article said:"She asserts that when plaintiff 'delivered' his sperm, it was a gift -- an absolute and irrevocable transfer of title to property from a donor to a donee," the decision said. "There was no agreement that the original deposit would be returned upon request."
Which is why the court said he could sue for damages. But it's not the child's fault that the mother is crazy, so presumably the courts don't feel it's fair to penalize the child by withholding support.Taliesin said:The fact that he was ordered to pay child support is truly galling. She made a calculated decision to go out of her way to become pregnant-- the choice was entirely hers, made without his awareness.
The one problem is that, if the woman is not financially able to raise the child, there might-- just might-- be some provision of tort law under which the man is financially responsible though not at-fault.This is ridiculous. As Taliesin said, she made a calculated effort to become pregnant. If she had not made that effort, then she would not have been impregnated. Therefore, the man should not be forced to pay child support.
Not really. Child support doesn't fall under tort law. Child support isn't 'punishment' that is inflicted on a man for bad behavior. It's a social policy decision about who should be responsible for children. (answer: the child's parents) And this man is a parent. However strangely conceived, there is no question that he is the dad. So he pays child support.Taliesin said:The one problem is that, if the woman is not financially able to raise the child, there might-- just might-- be some provision of tort law under which the man is financially responsible though not at-fault.
Maybe she specifically wanted his genes?Yom said:What I don't understand is why she didn't simply sleep with some random guy without prophylactics. It would be a lot easier than artificial insemination.
Taleisin said:I don't see any reason to assign him financial responsibility for the child.
Who else is gonna pay?Yom said:the man should not be forced to pay child support.
The support obligation is to the child, not the other parent. The gorvernment syas all parent shall suport, because we want fewer children as wards of the taxpayers. If you do not like this case, recall that most state used to barcukolded husbands from denying parternity of children born to the wife during the marriage, despite any availible proof.Taliesin said:I'm not intimately familiar with tort law, of course, but I don't see any reason to assign him financial responsibility for the child.
"There's a 5-year-old child here," Mirabelli said. "Imagine how a child feels when your father says he feels emotionally damaged by your birth."
I was assuming, perhaps incorrectly, that the mother had the financial resources to do so, in which case child support sounds like extortion.Mise said:Who else is gonna pay?
Double Barrel said:...My idea of justice would be that the court should give the father full custody of the child and force her to pay child support.
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