Divorcee must support donor-conceived children born during marriage

A man has been ordered to pay child support to his ex-wife for
two children conceived through a sperm donor and born during the marriage. The
Indiana Court of Appeals held that the children were 'children of marriage',
despite not being biologically related to the man.

Steven Engelking and his ex-wife, Amy Engelking, decided
to use donor sperm after learning it would not be possible to reverse Mr
Engelking's vasectomy. The couple chose to use a known donor, who was the
husband of Mrs Engelking's friend, because he looked like Mr Engelking and 'shared
similar "characteristics and morals"', the court said. Two children were born using
the donor's sperm in 2004 and 2006 from insemination procedures performed at
home, without the involvement of a fertility doctor.

Mr Engelking supported the child, 'holding the child out to
the world as his own', the court said. He maintained a relationship with the
children after separating from his ex-wife in 2009, contributing to the costs
of their upbringing and spending equal time with them. He continued to visit
the children after he filed for divorce in 2010 until February 2012, shortly before
the court granting the divorce ordered joint custody and that Mr Engelking must
pay child support.

Mr Engelking challenged the order to pay child support arguing
that the children could not be considered as 'children of the marriage' under state
divorce laws because he did not consent to the artificial insemination
procedures. The Indiana Court of Appeals declined to evaluate the credibility
of Mrs Engelking's testimony that Mr Engelking knew about both procedures and
had helped obtain the required equipment, which supported the earlier decision.
It concluded that 'both father and mother "have an obligation to support the
child[ren]"'.

The case puts Indiana's laws on sperm
donation in the spotlight. 'Indiana's in a legal vacuum', said Steven Litz,
a fertility lawyer working in the area told the San Francisco Chronicle. 'It screams for some kind of legislation'.

The Known Donor Registry confirms that sperm donation is not
addressed under Indianan law. A number of other US states have enacted laws that
usually state a husband who gives consent in writing to his wife's artificial insemination
is considered the legal father. However, 'the courts are quite flexible in finding such "consent"',
Professor Michael Higdon of the University of Tennessee College of Law
told the San Francisco Chronicle.

Commenting on the Indiana court's decision, Litz said: 'The Court of Appeals correctly said
we don't care about biology; if you are going to hold yourself out as a parent,
we are going to impose parental rights on you'.