Chicago, IL asked in Family Law, Child Custody and Child Support for Alabama

Q: If unwed women & known donor, both from TN, travel to AL to use ART facility, will he be protected from paying childsup

If an unwed woman residing in TN and a wed man living in TN both traveled to Alabama to use an art facility so that he could donate sperm to the unwed woman, would he be protected from paying child support? There would also be a contract signed releasing him from paying child support / having any responsibility towards the child. Only the donation and insemination would take place in AL, the pregnancy and birth would most likely take place in TN or a different state. So do the laws of the state in which conception occurs dictate whether or not the donor would be at risk for child support, or the state of residence?

1 Lawyer Answer
Kristine Jones
Kristine Jones
  • Divorce Lawyer
  • Montgomery, AL
  • Licensed in Alabama

A: Hello. The facts given coupled with mom being unwed presents a scenario that the outcome depends on a lot of factors. You are creating a child that would have no legal father. Having a contract is good, but you create problems for it by jumping around and doing activities in different states. Child support jurisdiction follows the child, so jurisdiction would be where the child resides, which does not sound like it would be Alabama. This is a very complicated situation and you should consider speaking with someone who specializes in unique parentage/donor cases in order to protect your interest BEFORE you donate. Best of luck.

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