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Thank Heaven We're Not In Kansas, Toto!

2/13/2014

A judge in Kansas has confirmed a ruling that a man who donated sperm to a lesbian couple at their request, is required to pay child support.
The state took the man to court for child support when one of the moms made an application for welfare benefits. The court said that a donor could not escape child support liability by 'declaring' he was just a donor. Only if the insemination is carried out in a doctor's office can he avoid financial liability.
In B.C., the Family Law Act specifically states that a man who donates sperm is NOT a 'father' for purposes of child support or access to a child, unless he donates sperm to make his own baby - for example in some kinds of infertility treatments.

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Family Day: The More Parents the Merrier, in BC

2/12/2014

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In the news today is the story of the first three-parent family in B.C..
The three parents - two lesbians and the man who donated sperm for the conception of their child - agreed that all three of them would be parents. So the child's birth certificate records three legal parents.
How does that work?

Under the new (March 2013) Family Law Act, the parent(s) who intend to raise the child can include the donor, or the surrogate mother, or perhaps other people, on their child's birth certificate, provided that the donor or the surrogate has made an agreement with the parents who intend to raise the child. The three parents do not have to live together.

A child has rights of child maintenance, and of inheritance, from all their parents.

Note that a donor of sperm is NOT automatically a parent. The law is explicit about that.

So this is a question of choice.

There is a catch, though. To be eligible to register more than two parents, the additional parent(s) must have a written agreement with the child's parents MADE BEFORE THE CHILD IS CONCEIVED.

What if you have a pregnancy in progress, and decide after the pregnancy has begun that you want the donor, or the surrogate mother, to be a legal parent?

In that case, the law provides that you can make an application to court to have the third parent added to the birth certificate. Since there have not been any applications of this kind in BC yet, it is hard to predict what factors a court will take into account, but a court must make the best interests of the child its only consideration.

You can read more about the provisions of the Family Law Act in our booklet "Choosing Children".

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It Can't Happen Here...Thank Goodness!

7/31/2013

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A lesbian couple in France has been forced by the court to recognize the "rights" of the man who donated sperm to conceive the child - even though he had signed a donor insemination agreement waiving all parental rights.
As a result the donor dad now has visiting rights with "his" child.
France has been slow to recognize the rights of lesbian and gay couples. For example it is not legal for two gay men or two lesbians to adopt a child.
In B.C., the question of whether a 'donor dad' has any rights has been answered by the legislature. As of March 18 2003, a donor is NEVER a parent on the basis of his donation of sperm (or her donation of eggs, as the case may be). So a donor cannot claim time with a child; and is not liable to pay child support.

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Kansas sues sperm donor for child support

12/30/2012

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The state of Kansas is suing a sperm donor for repayment of welfare paid to the child's mother, even the child's lesbian comothers had a written agreement with the sperm donor relieving him of financial responsibility for the child.
The State is arguing that there are technical issues with the way the agreement was created which make the agreement void.

This scenario is one of the worst fears of both sperm donors, and the lesbian comothers who are inseminated with sperm from a donor.

The current law in BC could be interpreted in a way that would make this action available to the government of B.C. However, as of March 18, 2013, the new Family Law Act will specify that a man does NOT become a parent simply by virtue of donating sperm. This in turn would mean he could never be liable for child support.
For the full story, see the Huffington Post article: http://www.huffingtonpost.com/2012/12/30/kansas-sperm-donor_n_2382677.html?utm_hp_ref=politics

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The taxman and legal fees for family matters

6/22/2012

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Canada Revenue Agency will let you deduct legal fees from your income in filing your return if
- it is to pay fees for an adoption
- it is to pay fees to get child support
- to enforce an order or an agreement for support
- to defend an action to reduce support
BUT you cannot deduct legal fees if
- you are being sued for spousal or child support (or being sued for an increase, or enforcement of, a child support order)
- you are making a claim for spousal support

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Thank Heaven We're Not In Kansas, Toto!

Family Day: The More Parents the Merrier, in BC

It Can't Happen Here...Thank Goodness!

Kansas sues sperm donor for child support

The taxman and legal fees for family matters

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