More Sperm Donors

The Maryland Lawyer Blog is starting to really sink its teeth into the sperm donor recipients who strike a deal with the donor only to later seek child support. This is our second blog on the issue in as many months.

In this case, the Pennsylvania Supreme Court went into a different direction, ruling that Joel McKiernan, whose sperm donation allowed his former co-worker and girlfriend Ivonne Ferguson to give birth to twin boys in August 1994, does not have to make monthly child support payments or pay thousands of dollars in back support to help support the now 13-year-old boys. McKiernan donated his sperm to his former girlfriend in 1993 with the understanding that he would have no legal rights to the children and would not have to pay any child support. However, it appears that this agreement was never put in writing, and in 1999, Ferguson sued McKiernan for child support.

The trial judge ruled that McKiernan must pay $66,000 in back support and make monthly payments of $1,500, despite strongly disagreeing with Ms. Ferguson’s decision to renege on her original agreement. The Supreme Court overturned this earlier decision, stating that although ruling in favor of Mr. McKiernan would deny the boys additional support, they would not have been born had Ms. Ferguson not agreed that Mr. McKiernan would not be financially responsible for the children.

The battleground in these cases is clear because what is in the best interests of the child is mutually exclusive of what is fair. Given these two powerful interests, it is anyone’s guess what the appropriate course really is.