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Subject: No Contract - No Father

Written By: Mushroom on 05/08/07 at 9:56 am

In an interesting court decision, a court in Kansas decided that without a contract written ahead of time, a father has no legal rights.

What?

http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=28189

Now this has to be one of the strangest decisions in years, and if it is upheald, it may have far-reaching implications.

Now personally, I think this guy should not have any rights.  But the decisions basically states that unless there is a contract ahead of time, then there are no rights.  And this may be harmfull to the mothers of other children, who struggle to try and get child support payments out of them.  This decision may be used in the future by fathers that were the result of a one-night-stand, or who decided to bail after the pregnancy was discovered.

"What?  I'm not the father, she has no contract with me stating I am the father.  Therefore I do not have to pay anything."

And in cases of the reverse, you can have mothers who do not want the father to have any rights use this as a justification to deny visitation.  This is a case where the right decision may have been made, but for all the wrong justifications.  And it worries me what it may mean in future court cases over paternity, support, and visitation.

Subject: Re: No Contract - No Father

Written By: MaxwellSmart on 05/08/07 at 10:53 am

There was a pro-choice slogan, "Women are not incubators."  I think that cuts both ways.

I've heard of surrogate agreements in which the surrogate mother signs a legally binding contract, and I've heard of anonymous donors. 

However, the idea that you can't conceive, so you ask your friend for a donation...well, that sets you up for awkward situations if you, or if he, decides the biological father should have rights and responsibilities.

I would say unless both biological parents signed a legally binding contract, dad does not get off the hook.

Subject: Re: No Contract - No Father

Written By: 80s_cheerleader on 05/09/07 at 6:49 am

I think this is a different case than a one night stand or something where intercourse took place.  This took place with a turkey baster, basically.

That being said, I can't believe these people did not talk about this during her pregnancy.  I also have a problem with someone asking a friend to be a sperm donor.  I mean, there's just something odd about it. ???

Subject: Re: No Contract - No Father

Written By: danootaandme on 05/09/07 at 1:41 pm

The bio dad gave his sperm, knew where it was going, now the best interest of the children is key.

Subject: Re: No Contract - No Father

Written By: philbo on 05/09/07 at 4:16 pm

As Alan Sherman might have put it:

Got no contract, won't be Fadder
Seeing children - gets much hadder
Single mudder, ain't complaining
But when the kid grows up, it will take some explaining

Hmm... needs a bit of work, methinks

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