Taking Action

Get Answers Start Your Divorce Stop Your Divorce Divorce Forms Online Support DivorceDesk

Divorce Tools

Online Divorce Online Negotiation Custody Tracker Custody Evaluation QDRO Preparation Divorce Calendar SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

State Resources

California Florida Illinois New York Texas SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Generate Clients Free Network Page Submit Articles Case Management Sign In

The Divorce Encyclopedia
Paternity Issues


Term Definition Paternity Issues - normally a question of the liability of men who become fathers when they do not intend to become fathers.
Application in Divorce Some paternity issues that may seem novel to the parties involved are actually settled law. For example, a woman’s fraudulent claims about birth control (or claims of infertility) do not shield a man from support obligations in the event of pregnancy. Moreover, a woman may unilaterally refuse to obtain an abortion.

Courts have universally decided that a man’s allegations that a woman deceived him (about fertility and the use of birth control) are completely irrelevant to questions of paternity and support, and are not the basis for any tort.

Courts have held that a man is, as one legal observer puts it, "strictly liable for where his sperm ends up when he voluntarily engages in a sexual act." This doctrine of strict liability emanates from cases where men voluntarily impregnate women at their request.

A man cannot enter into consent agreement with a woman to impregnate her, and then contend that he is but a sperm donor without a responsibility to support the child. Nor can the woman who becomes pregnant as a result of such an agreement waive child support. Courts have ruled that, outside of the jurisdiction’s statute on artificial insemination, a man cannot waive his parental rights (or the responsibility of child support), nor can a mother. To do so goes against public policy.

The biological fathers of children conceived by donor artificial insemination are not liable if the insemination is genuinely artificial and meets the requirements of the Uniform Status of Children of Assisted Conception Act. This means that the insemination must be truly artificial ("the delivery system for the sperm is a syringe and not a penis," as one lawyer put it). Conceptions outside these parameters, however, mean that the father is still liable for support and is entitled for an order of filiation, that is, to be named father of the child; and the mother may seek child support.

See Uniform Status of Children of Assisted Conception Act.

Add the Divorce Encyclopedia
to Your Website
!


The Research Center

Give Our Research Center a Try. Gain access to the same research material that lawyers often use to establish and win divorce cases. This material consists of legal journal articles and case explanation/analysis documents on a wide range of topics. If you think your situation is unique, your answers will most likely be here. In order to gain access to this area, you must establish an account, but you can search the documents before deciding.


The Divorce Source Difference

Since February 1st, 1997 (when we initially launched Divorcesource.com) we have helped millions of people contemplating or experiencing divorce. The reason we have been able to reach so many people is because we have made it a priority to listen to our customers. We have built a trust by listening and delivering what the customer needs, rather than what we think they want. This is the Divorce Source difference.


Social

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

Custody Scheduling and Tracking

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for Divorce

 

Settle Your Divorce Negotiate Your Divorce

 

Track Child Custody Track Custody & Visitation

Free Divorce Worksheet and Separation Agreement
Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"