Lance J. Nelson, Esquire

Sometimes doing a favor for a friend leads
to a lifetime of responsibility

In certain circumstances, sperm donors can be held responsible for child support for their offspring. As documented in a Pennsylvania Superior Court decision, Joel McKiernan thought he was simply doing a favor for someone he cared about. Admittedly, Joel's story is rather bizarre, but it teaches us an important lesson.

Ferguson v. McKiernan
As the Superior Court observed in the recent opinion Ferguson v. McKiernan, Joel McKiernan was having "an on again, off again affair" with a coworker, Ivonne Ferguson. When their relationship waned, Ivonne suggested that they should conceive a child together.

Joel was initially skeptical and refused. However, Ivonne eventually cajoled and persuaded Joel that she was financially able to be a single mother. She also promised that she would release him from any obligation, financial or moral, if he agreed to her proposition. Joel eventually agreed. Joel provided his sperm and Ivonne became pregnant through in vitro fertilization. Nine months later, Ivonne gave birth to twin boys.

Initially, Ivonne lived up to her end of the bargain and did not seek any financial support from Joel. However, she eventually went back on her oral promise and filed for child support when the twins were about five years old.

Joel argued to the Court that he had an oral agreement with Ivonne and therefore he was not financially responsible for the boys. Ivonne acknowledged that the agreement existed. Joel also argued that he was defrauded by Ivonne because he would never have agreed to such a bizarre arrangement if he was going to be held financially responsible.

The Superior Court found an oral agreement did exist between Joel and Ivonne. However, the Court found, based on legal, equitable and moral principles, that it was not enforceable. This decision is actually not a surprise. The Courts in Pennsylvania have consistently held that a parent cannot bargain away a child's right to support. Based on the same reasoning, the Court did not agree with Joel's argument with regard to his fraud claim. In the end, the Court observed "although we find Ivonne's actions despicable and give Joel a sympathetic hue, it is the interest of the children we hold most dear." In the interest of his children, Joel was held responsible for a family he never intended to have.

This kind of obligation is usually not a problem for anonymous donors to sperm banks. Anonymous donors often waive all rights and responsibilities to the sperm and any resulting children at the time of donation.

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