Gestational Carrier Allowed to Keep Child Support
Thursday / January 10, 2008
No standing to seek custody of children, but allowed
to keep child support.
In 2006, the Superior Court of Pennsylvania rendered
a decision (called J.F. v. D.B.) against a
woman who carried the eggs of another woman after
fertilization by a sperm donor. There were several
parties involved in the case: The sperm donor and his
wife, the egg donor, and the gestational carrier. In
short, the gestational carrier changed her mind about
keeping the triplets she bore. The trial court agreed
with her, so the sperm donor began paying child
support.
This decision seemed especially egregious to the sperm donor and his wife. They had paid the gestational carrier a fee of $20,000.00 plus medical expenses, travel expenses and life insurance for the duration of the pregnancy.
The sperm donor and his wife appealed, eventually prevailing. The appellate court ruled against the gestational carrier. The court remanded the case to the trial court for further proceedings.
Although the sperm donor and his wife did receive the children, financially the case just got worse. The sperm donor petitioned the trial court to require the gestational carrier to reimburse him for the child support he had paid her during the appeal. According to the Pittsburgh Post-Gazette, the amount of child support equaled $48,000. But the trial court refused, and on January 3, 2008, the Superior Court of Pennsylvania agreed with the trial court. The court reasoned that the money was for the benefit of the children, not the gestational carrier, so that it would be inappropriate to require its return.
This decision seemed especially egregious to the sperm donor and his wife. They had paid the gestational carrier a fee of $20,000.00 plus medical expenses, travel expenses and life insurance for the duration of the pregnancy.
The sperm donor and his wife appealed, eventually prevailing. The appellate court ruled against the gestational carrier. The court remanded the case to the trial court for further proceedings.
Although the sperm donor and his wife did receive the children, financially the case just got worse. The sperm donor petitioned the trial court to require the gestational carrier to reimburse him for the child support he had paid her during the appeal. According to the Pittsburgh Post-Gazette, the amount of child support equaled $48,000. But the trial court refused, and on January 3, 2008, the Superior Court of Pennsylvania agreed with the trial court. The court reasoned that the money was for the benefit of the children, not the gestational carrier, so that it would be inappropriate to require its return.
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