Court rules on artificial insemination issues

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A divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two children conceived by artificial insemination.

Mother J.F. and her friend, W.M., entered into a contract in which W.M. would donate his sperm to her to so that she could conceive a child. J.F. was in a long-term same-sex relationship at the time she conceived two children through insemination with sperm from W.M. There was only a contract drawn up when the first-born child, M.F., was conceived. The donor agreement said the father would not be responsible for the child in any way and would have no legal rights to the child.

The mother and her partner broke up when the children were older and mother sought financial assistance. This led to the prosecutor’s office in Fayette County filing a petition to establish paternity on the mother’s behalf. Mother claimed the contract was invalid and ran afoul of public policy.

The trial judge denied the petition to establish the paternity of the children on contract grounds.

In Paternity of M.F., et al.; J.F. v. W.M., No. 21A04-1002-JP-84, Judges Ezra Friedlander and Michael Barnes affirmed that decision in regards to the older child. There is very little caselaw addressing this issue, and they relied on Jhordan v. Mary K., 224 Cal. Rptr. 530 (Cal. Ct. App. 1986), which the Indiana Supreme Court cited in Straub v. B.M.T. by Todd, 645 N.E.2d 597 (Ind. 1994). One key issue upholding a contract between two parties is the involvement of a licensed physician in some way in the insemination. If the child is conceived through intercourse, but there is an agreement between the parties, the contract wouldn’t stand.

In the instant case, the manner in which M.F. was conceived is debated by the parties. The majority determined that the burden to prove the eldest child was conceived by artificial insemination is on the mother based on contract law. Since the judges couldn’t find any indication of the manner in which the mother was inseminated regarding the first pregnancy, she failed to prove that insemination happened in such a way to render the donor agreement unenforceable.

Judge Terry Crone dissented on this issue, arguing that the father must bear the burden as the one trying to avoid his support obligation. He also agreed with the majority that those specific circumstances in which assisted conception contracts might be enforceable must be extremely limited “in order to avoid creating a slippery slope whereby parents could evade their support obligations simply by signing an informal agreement hastily scribbled on a sheet of paper.”

The majority believed their ruling would prevent the possibility of spur-of-the moment, informal contracts absolving a father of any responsibility. First, a physician must be involved in the process of artificial insemination, and the agreement must show the parties’ careful consideration of the implications of such an agreement, wrote Judge Friedlander. The majority declined, however, to define the minimum requirements an agreement must have or endorse a particular contract.

The Court of Appeals judges all agreed that the trial court erred in denying the petition to establish paternity regarding the younger child. They found the contract drawn up before M.F. was born didn’t include C.F. The agreement was mostly specific to M.F., but did make two ambiguous references to “any child.” The judges agreed this language can’t be construed to include future children. They remanded with instructions to grant the mother’s petition to establish paternity with respect to C.F.


  • Pre-conceived notions
    Law, Medicine & Bio-ethics strike AGAIN !!
  • Saw this coming...
    As a lawyer, I saw this coming years ago. Moral of the story: If you don't want to support a child, don't have one!

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.