What are some legal issues for platonic friends undergoing fertility procedures?
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Gregory Dolin, M.D., J.D. John M. Olin Fellow in Law
Oncofertility Consortium
Feinberg School of Medicine, Northwestern University
Another potential issue is platonic friends. Some people, for example, would prefer to have a sperm donor be someone they know rather than going to a bank and using an anonymous sperm donor. That creates its own set of problems. For example, just a couple of months ago, Pennsylvania Supreme Court, in a very close decision, 3 to 2, held that a platonic friend, who provided his sperm to his other friend, is not responsible to pay child support. But as I said, two justices dissented and said he should have been responsible. And again, it was a sort of first of its kind case, it was very close, and there’s no guarantee that another state Supreme Court won’t go an opposite way. And what’s interesting is that, really, you can’t even enter into a contract waiving child support, because the child support is the right of the child, not of the parent.
Simply because in some states, putative father and putative mother enter into a contract saying “Give me your sperm and you don’t have to do anything beyond that”…that doesn’t necessarily mean that the courts won’t make you do something beyond that because the rights belong with the child and not with the parent.
