[ad_1]
When deciding whether a sperm donor should pay child support, a judge must follow the paternity laws of the state where the child is conceived, an appeals court ruled this week from North Carolina. The case involved Anthony Garrelts, a man from North Carolina who agreed by a “verbal contract” to provide artificial insemination to Ericka Glenn, who wanted to raise a child with her partner. Glenn and Garrelts met in Virginia, and the insemination and pregnancy took place there before the child was born in late 2011. Click the video player above to watch WXII 12 News headlines. Glenn – the only parent mentioned on the birth certificate – moved with the child in 2014 to California, where she received public benefits. In 2019, the Warren County, North Carolina Department of Social Services took court action to have Garrelts pay Glenn child support, stating he was the child’s father. Garrelts’ attorney argued that under Virginia law a sperm donor is not the parent of a conceived child. But District Court Judge Adam Keith applied North Carolina law, which he said did not appear to provide for such an exception. He ordered Garrelts to pay more than $ 13,600 in child support, $ 50 per month in the future and to provide health insurance for children. Garrelts appealed. Writing Tuesday’s unanimous opinion by a three-judge panel, Court of Appeal Judge Darren Jackson said paternity laws are matters of substance rather than mere procedure. lived together. “Following the paternity laws of the state where the child is conceived not only meets the natural expectations of the parties, but helps ensure predictable and fair outcomes,” Jackson wrote, calling the case a “new issue of choice of law ”. Judge Richard Dietz and Allegra Collins also chose to overturn Keith’s decision. Given the unanimous decision, any appeal to the state Supreme Court would not be automatic. The appeals court said other unknown facts could affect the lower court’s decision. They include whether the insemination took place with the help of a medical facility and a 2012 Virginia court appearance by Garrelts, Glenn and his partner for Garrelts to “surrender his parental rights” so the partner can adopt. the child. The appeals court said the documents it received did not show the outcome of that hearing.
When deciding whether a sperm donor should pay child support, a judge must follow the paternity laws of the state where the child is conceived, an appeals court ruled this week from North Carolina.
The case involved Anthony Garrelts, a man from North Carolina who agreed by a “verbal contract” to provide artificial insemination to Ericka Glenn, who wanted to raise a child with her partner. Glenn and Garrelts met in Virginia, and the insemination and pregnancy took place there before the child was born in late 2011.
Click the video player above to watch WXII 12 News headlines.
Glenn – the only parent mentioned on the birth certificate – moved with the child in 2014 to California, where she received public benefits.
In 2019, the Warren County, North Carolina Department of Social Services took court action to have Garrelts pay Glenn child support, claiming he was the child’s father.
Garrelts’ attorney argued that under Virginia law a sperm donor is not the parent of a conceived child. But District Court Judge Adam Keith applied North Carolina law, which he said did not appear to provide for such an exception. He ordered Garrelts to pay more than $ 13,600 in child support, $ 50 per month in the future and to provide health insurance for children. Garrelts appealed.
Writing Tuesday’s unanimous opinion by a three-judge panel, Court of Appeal Judge Darren Jackson said paternity laws are matters of substance rather than mere procedure. lived together.
“Following the paternity laws of the state where the child is conceived not only meets the natural expectations of the parties, but helps ensure predictable and fair outcomes,” Jackson wrote, calling the case a “new issue of choice of law ”. Judge Richard Dietz and Allegra Collins also chose to overturn Keith’s decision. Given the unanimous decision, any appeal to the state Supreme Court would not be automatic.
The appeals court said other unknown facts could affect the lower court’s decision. They include whether the insemination took place with the help of a medical facility and a 2012 Virginia court appearance by Garrelts, Glenn and his partner for Garrelts to “surrender his parental rights” so the partner can adopt. the child. The appeals court said the documents it received did not show the outcome of that hearing.
[ad_2]
