As the world of medical science has continued to advance in recent years, people who have wanted to have a child have encountered more options when they are unable or unlikely to produce them by themselves. These new methods that include artificial insemination and in vitro fertilization have been refined to the point where the chances of success are much greater now than they were even a handful of years ago. While this is obviously good news for parents who want to have children, it has created complications if those parents were married and ultimately decided to pursue a divorce.
Below you will find a brief overview of a recent case in Indiana that involved a question of child support when the husband in a divorce case argued that he should not be held responsible for that support because of artificial insemination. You will also find information regarding how these issues will only become more complicated as medical science continues to advance. Anyone who is facing an issue with child support or custody should seek the help of San Diego divorce lawyers as soon as possible.
The Indiana Child Support Issue Described
The case that recently made the news across the country involved a mother and a father who were married when they decided to have children. However, the father had previously gotten a vasectomy and was unable to have children. Therefore, the couple enlisted the help of a family friend and used the artificial insemination method to produce a child. The approach worked, and a few years later the couple did the same thing, having a second child by way of artificial insemination.
After the second child was born, the couple separated before ultimately filing for divorce. In the petition to dissolve the marriage, the father claimed that he should not have to pay child support because he was not the biological father of the children. The court disagreed, and the man appealed. The higher court has recently held that the trial court was correct in finding that each child was considered a ‘child of the marriage’ under Indiana law. Therefore, the father has been ordered to pay child support for those children.
Medical Science and Divorce
The case described above is merely one example of many that could lead to a conclusion that medical science and divorce are not necessarily made for each other. Depending on the advances that are made in the future, the definition of ‘child of the marriage’ could come under intense scrutiny in jurisdictions across the country when custody and support become issues that are litigated.
If you are facing the end of your marriage for any reason and you will need to deal with issues regarding child support and custody, you need to seek the help of San Diego divorce lawyers who have been fighting for the rights of fathers and husbands for many years. Contact the Men’s Legal Center today to schedule an initial consultation.