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A gay man who agreed to father a child with a lesbian woman has been ordered by the Child Support Agency (CSA) to pay thousands of pounds in child maintenance.
The man befriended a lesbian couple who wished to have a family and agreed to father a child in order to ‘do a good turn’ as a friend. As a result, a baby girl was born. A year later, the exercise was repeated, leading to the birth of another daughter. The sperm donor was not named as the father on the children’s birth certificates and they were raised by the couple.
The father of the children believed that the couple was financially secure and the women undertook not to seek any financial support from him. The whole arrangement was made informally, however.
The friendship cooled over the years and contact between them was infrequent. The father did not expect that when the lesbian couple split up, the CSA would become involved and seek payments from him to support the two girls.
Although the law was changed considerably in 2009 to allow sperm donors to be able to donate without fear of repercussions, provided the necessary procedures are followed, this case shows the folly of making any major decision that has potential legal consequences without first taking appropriate advice.
If you are in doubt as to your potential obligations to pay or right to receive support for minor children, contact Alan Kiddle