A Nassau County man who said he donated sperm to a female co-worker as a friendly gesture -- and then sent presents and cards to the child over the years -- is legally considered the father and may have to pay child support for the college-bound teenager, according to a judge's ruling.
"What's the saying? No good deed goes unpunished," said Deborah Kelly, a Garden City lawyer for the man, who acknowledged that he is named as the father on the child's birth certificate.
Like all the involved parties, the man remains anonymous because of privacy concerns.
Nassau County Family Court Judge Ellen Greenberg ruled on Nov. 16 that despite the mother's willingness to have the child's DNA tested, the man was barred from seeking a paternity test to determine if he is truly the father because the results could have a "traumatic effect" upon the child, who is now 18 years old and lives in Oregon with the mother. The next step is a meeting with a support magistrate to determine the amount of child support payments -- if any -- the man would have to pay until the teen turns 21, Kelly said.
The magistrate will determine child support based on the mother's earning capacity; the reported income of her female partner; and the income of the father.
Even without genetic evidence, the man's interactions with the child over the years had a patriarchal nature, said Jeffrey Herbst, an attorney who represents the mother in the lawsuit through a federal agreement called the Uniform Interstate Family Support Act.
"It's still a parental relationship," Herbst said.
http://www.newsday.com/news/local/l...1,0,4274952.story?coll=ny_home_rail_headlines
"What's the saying? No good deed goes unpunished," said Deborah Kelly, a Garden City lawyer for the man, who acknowledged that he is named as the father on the child's birth certificate.
Like all the involved parties, the man remains anonymous because of privacy concerns.
Nassau County Family Court Judge Ellen Greenberg ruled on Nov. 16 that despite the mother's willingness to have the child's DNA tested, the man was barred from seeking a paternity test to determine if he is truly the father because the results could have a "traumatic effect" upon the child, who is now 18 years old and lives in Oregon with the mother. The next step is a meeting with a support magistrate to determine the amount of child support payments -- if any -- the man would have to pay until the teen turns 21, Kelly said.
The magistrate will determine child support based on the mother's earning capacity; the reported income of her female partner; and the income of the father.
Even without genetic evidence, the man's interactions with the child over the years had a patriarchal nature, said Jeffrey Herbst, an attorney who represents the mother in the lawsuit through a federal agreement called the Uniform Interstate Family Support Act.
"It's still a parental relationship," Herbst said.
http://www.newsday.com/news/local/l...1,0,4274952.story?coll=ny_home_rail_headlines
