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Title: Pennsylvania Court Orders Sperm Donor to Lesbian Couple to Pay Child Support
Source: FOX
URL Source: http://www.foxnews.com/story/0,2933,271116,00.html
Published: May 12, 2007
Author: unknown
Post Date: 2007-05-12 06:21:46 by noone222
Keywords: None
Views: 180
Comments: 3

HARRISBURG, Pennsylvania — A sperm donor who helped a lesbian couple conceive two children is liable for child support under a state appellate court ruling that a legal expert believes might be the first of its kind in the U.S.

A Superior Court panel last week ordered a Dauphin County judge to establish how much Carl L. Frampton Jr. would have to pay to the birth mother of the 8-year-old boy and 7-year-old girl.

"I'm unaware of any other state appellate court that has found that a child has, simultaneously, three adults who are financially obligated to the child's support and are also entitled to visitation," said New York Law School professor Arthur S. Leonard, an expert on sexuality and the law.

But Frampton, 60, of Indiana, Pennsylvania, died suddenly of a stroke in March, leaving lawyers involved in the case with different theories about how his death may affect the precedent-setting case.

Jodilynn Jacob, 33, and Jennifer Lee Shultz-Jacob, 48, moved in together as a couple in 1996, and were granted a civil-union license in Vermont in 2002. In addition to conceiving the two children with the help of Frampton — a longtime friend of Shultz-Jacob's — Jacob also adopted her brother's two older children, now 12 and 13

But the women's relationship fell apart, and Jacob and the children moved out of their Dillsburg, Pennsylvania, home in February 2006.

Shortly afterward, a court awarded her about $1,000 a month in support from Shultz-Jacob. Shultz-Jacob later lost an effort to have the court force Frampton to contribute support — a decision that the Superior Court overturned April 30.

Jacob, who now lives in Harrisburg, said Frampton provided some financial support over the years and gradually took a greater interest in the children.

"Part of the decision came down because he was so involved with them," Jacob said Wednesday. "It wasn't that he went to the (sperm) bank and that was it. They called him Papa."

The process was very informal — Jacob was inseminated at home.

In his written opinion requiring Frampton to help pay for the child's support, Superior Court Judge John T.J. Kelly Jr. noted that Frampton spent thousands of dollars on the children, including purchases of toys and clothing.

The children knew he was their biological father, but Frampton opposed the effort to compel support from him.

"We made the argument that, according to Pennsylvania law as it stands, there can really only be two adult individuals that can be held liable for support in a child-custody case," said Frampton's lawyer, Matthew Aaron Smith.

Shultz-Jacob's lawyer, Heather Z. Reynosa, wants Frampton's support obligation to be made retroactive to when Jacob first filed for support. Frampton's Social Security survivor benefits may also help reduce Shultz-Jacob's monthly obligation.

It is unclear how the child-support guidelines, which assume two parents, will be adapted to account for three parents.

"That's what's going to be interesting, because there's not a whole lot of guidance out there," Reynosa said.

The state Supreme Court is currently considering a similar case, in which a sperm donor wants to enforce a promise made by the mother that he would not have to be involved in the child's life. That biological father was ordered to pay $1,520 in monthly support.

About two-thirds of states have adopted versions of the Uniform Parentage Act that can shield sperm donors from being forced to assume parenting responsibilities. Pennsylvania has no such law.


Poster Comment:

Sperm Donors, queers with kids ... yeah, it's all goooood in Ameri-queer! Re-posted for review. Insanity rules at the expense of normalcy.

Post Comment   Private Reply   Ignore Thread  


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#1. To: noone222 (#0)

Pre-emptive sterilization of all lesbians would solve all these potential problems.

"Be convinced that to be happy means to be free and that to be free means to be brave. Therefore do not take lightly the perils of war." -- Thucydides

YertleTurtle  posted on  2007-05-12   7:00:38 ET  Reply   Trace   Private Reply  


#2. To: YertleTurtle (#1)

Pre-emptive sterilization of all lesbians

using lead pellets at high velocity.

Some say freedom isn't free; I agree, but submission to fascism costs you everything including your pride

noone222  posted on  2007-05-12   7:04:45 ET  Reply   Trace   Private Reply  


#3. To: all (#0)

HARRISBURG, Pennsylvania — A sperm donor who helped a lesbian couple conceive two children is liable for child support under a state appellate court ruling that a legal expert believes might be the first of its kind in the U.S.

If I were king this couple would never, ever have children. I could care less how they choose to live, but they'd be childless.

Jethro Tull  posted on  2007-05-12   9:48:41 ET  Reply   Trace   Private Reply  


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