Pennsylvania Donor Insemination Law
Pennsylvania law is silent regarding donor insemination, but at least one court has concluded that a known donor and recipient cannot arrange to eliminate the donor’s legal relationship to the child.
In a complex case in 2002, Ferguson v. McKiernan, a married woman (Ferguson) made an oral agreement with an extramarital male partner (McKiernan) that he would provide semen for artificial insemination and be released from any child support obligation. Ferguson was inseminated and became pregnant with twins, at all times keeping the identity of the donor anonymous. However, she eventually disclosed McKiernan as the father and sought his presence at the birth of the children. McKiernan had no subsequent contact with her or the children until Ferguson filed for child support. The Court of Common Pleas emphasized that this case was factually unique. It agreed with McKiernan that if donor insemination is permitted in Pennsylvania, the donor should be protected from liability to the recipient, regardless of whether his identity is known to her. The court, however, concluded that a parent cannot bargain away a child’s support rights. In the interest of the children, it declared McKiernan the father of the twins and ordered child support.
Citation: Ferguson v. McKiernan, 60 Pa. D. & C.4th 353 (Ct. Com. Pl., Dauphin County 2002).
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Last Updated: 8/30/2004