Reluctant Husband Deemed Father of Child Born Via Artifical Insemination

Husband and Wife were married in 1995.  After having two children, Husband decided that he was done being a father and to make real sure he did not again father a child, he had a vasectomy.

However, as time passed, Wife wanted a third child and found some sperm from a donor who had similar physical characteristics to her husband.  Husband “grudgingly” agreed to the artificial insemination and even signed a Frozen Donor Semen Specimen Agreement.

Happiness eluded this couple and even before the AI child was born, they separated with an agreement that Husband “shall in no way be deemed a responsible relative'” of the AI child.

Nonetheless, the court found that Husband is financially responsible for the AI child voiding this portion of the separation agreement as against public policy.

See Mark Fass, Judge: Paternal Duties Apply to Child Born of Artificial Insemination, N.Y.L.J., Jan. 24, 2007.

Special thanks to Jonathan Michell (J.D., Candidate, Texas Tech University School of Law) for bringing this article to my attention.