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The biological father and needs of the child

In a story that has gained national attention, one particular state has become involved in a child support matter where the biological father happens to have been a sperm donor for a lesbian couple. However, because the father did not donate the sperm by going to a state certified clinic or doctor as was required by that state's laws, that state has now turned around and sued him for $6,000 that the child's biological mother received through public assistance.

For a biological parent to not be subjected to obligations to provide support for a child, child support statutes will require a number of factors to be followed before such a parent can be exempted. Any contracts signed by a biological parent that dismisses them from this essential obligation will be the exception rather than the rule. These contracts cannot violate public policy, generally must be approved by a family court judge, and must comply with applicable state law.

Child support lawsuits can often involve state action. This is especially the case when a custodial parent is forced to go upon public assistance to survive.

If any parent or potential parent has a question regarding child support obligations, it is essential that they speak first to a family law attorney for that state that understands state requirements.

Such requirements are put in place not only to clarify a parent's role when it comes to supporting a child, it is also an additional assurance that a child's financial needs will somehow be covered. The needs of a child must always be foremost in any parenting decision that comes before a court.

Source: Pioneer Press, "State trying to make sperm donor pay child support," by John Hanna, Jan. 2, 2013

  • For information specific to Florida concerning a child's financial support needs and requirements, please visit our law firm's website.

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