New Jersey and other states have laws in place requiring parents to support their children in the event of a separation or divorce. One man took the battle to court after an order required him to provide financial support for the two children born during his marriage. They were conceived through artificial insemination and were not his biological children. Although he provided for them during the marriage and after the separation, once he filed for divorce, he claimed there should not be a requirement to pay child support.
Prior to their separation, the couple wanted to have a child together, but the husband had undergone a vasectomy that was likely irreversible. Court records note that a friend of the couple offered to give them his sperm. The husband consented, reportedly because they had several things in common, including morals. The couple went through the insemination process, but did not use a doctor. His wife became pregnant and delivered a boy, and they decided to try again, this time resulting in the birth of a daughter.
After they separated, the husband still acted as the children's father, and continued to provide for them financially. He also assisted with the costs of their clothing, day care and other fees. Things went wrong for him when the man filed divorce paperwork. He claims he never consented to the insemination and should not be required to pay the support, but his ex-wife claimed he had. A judge initially ruled the man was responsible for the children, and when the husband appealed, the appeals court upheld the ruling of the lower court.
New Jersey parents are obligated to provide for their children. When a custodial parent does not receive the child support due, it can make things difficult on everyone. Artificial insemination as it relates to child support has been in the news more often lately, though the court here made clear the obligation to pay seaport still applies. Fortunately, the mother in this situation will receive her court ordered child support, but it did take the intervention of the court system to achieve a positive result.
Source: The Republic, "Indiana court rules father must support children artificially conceived using donor's sperm," Charles Wilson, Jan. 16, 2013
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