child support
by Long Island Attorney Paul A. Lauto, Esq.

A man who donated his sperm to a lesbian couple in response to a Craigslist ad, is now being sued by the state of Kansas to provide child support for the resultant 3 year old girl.    The donation was made pursuant to a written agreement, in which the donor was to have no parental rights or liability for child support.
Notwithstanding, Kansas law provides that sperm must be donated through a licensed physician in order for the donor to be absolved from any financial responsibility.

The case has gained national attention for its potentially widespread ramifications affecting every state.  Shannon Minter, legal director for the National Center for Lesbian Rights, surmised that, "It certainly might have a negative effect on other men's willingness to help couples who need a donor, which would be harmful to everyone."

Although the Craigslist ad offered $50 for the donation, the donor in this case did it for free.  The donor stated that he was simply tring to help a couple that wanted a child.  The court must now decide whether or not the legally binding written contract between the parties, will prevail over a state law that appears to be selectively enforced.

Long Island Lawyer
Paul A. Lauto, Esq.



 

 
 

by Long Island Attorney Paul A. Lauto, Esq.

It is now almost one and one-half years since New York  changed to a no fault divorce system.  The latest statistics show that in that time, the divorce rate in Nassau and Suffolk Counties has increased between six and nine percent.  Contrary to popular belief, this is not a product of the law making it "easier " to get a divorce.
Under the no fault system, a divorce may be obtained  if a marriage has been "irretrievably" broken for six months or more.  However,  legal minds differ on whether or not this would still have to be proven when the divorce is being contested.  This major issue, as well as other issues with the law, are still pending and demonstrate how difficult the new "easier" law can be.

In fact, the increase Long Island has experienced in the divorce rate, is typical within the first couple of years in states adopting the no fault system and is expected to be short lived.  Apparently, divorce is still not easy under any system of law.  

Long Island Lawyer
Paul A. Lauto, Esq.
 

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