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![[Post New]](/s/i/i.gif) 2012/12/31 06:52:50
Subject: Genetic Donor forced to pay child support
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Member of the Ethereal Council
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So a sperm donor is being forced by the government to pay child support for a younf kid who he helped conceive. Despite the fact that he is not working and the family said they do not want it and support his decision.
http://usnews.nbcnews.com/_news/2012/12/30/16254404-kansas-demands-that-sperm-donor-pay-child-support#comments
The two women raising the 3-year-old girl say they support the man, who responded to an ad they posted on the Craigslist website in 2009, the Topeka Capital-Journal reported.
The issue of child support arose when the two women broke up, and the couple applied for state services. Workers at the Kansas Department for Children and Families demanded the donor’s name and then filed a child-support claim against him, the newspaper said.
Angela Bauer, one of the mothers, told the Capital-Journal that she and her former partner, Jennifer Schreiner, support the donor, William Marotta, “in whatever action he wants to go forward with” to fight the state's demand.
Advertise | AdChoices
"This was a wonderful opportunity with a guy with an admirable, giving character who wanted nothing more than to help us have a child," the newspaper quoted Bauer, 40, as saying. "I feel like the state of Kansas has made a mess out of the situation."
When Bauer and Schreiner, the 34-year-old birth mother, reached a deal with Marotta that did not include any payment for his sperm donation, he signed a written agreement that relinquished all parental rights and held him harmless “for any child support payments demanded of him by any other person or entity, public or private ... regardless of the circumstances or said demand,” it said.
The state argued in court papers that because the insemination wasn’t performed by a licensed physician, the contract was null and void.
When the two women split in 2010, they had eight children, including some they adopted, whom they now co-parent.
Marotta, a 43-year-old mechanic, was dragged into the dispute when the couple filed for state assistance. The state insisted that they reveal the donor’s identity, saying that if they refused to do so, their daughter would no longer be eligible for health care coverage. The women reluctantly complied, the Capital-Journal reported.
The girl’s birth certificate does not include her biological father’s name, and the Capital-Journal said that he had no contact with the girl, other than receiving occasional email updates from Bauer. Both women adopted the girl, although they had to file for adoption separately because the state does not recognize same-sex unions, the newspaper said. This means that the state also cannot collect child support from same-sex parents.
"More and more gays and lesbians are adopting and reproducing, and this, to me, is a step backward," said Bauer, who formerly supported the family financially but is no longer able to work due to a "serious illness." "I think a lot of progressive movement is happening currently in the world as far as gays and lesbians go. Maybe this is Kansas' stand against some of that."
The Capital-Journal could not reach Marotta for comment and the Kansas Department for Children and Families declined to discuss the case, citing privacy laws.
This isn’t the first time states have demanded child support from sperm donors. But in most of those cases, the sperm donor was known to the birth family – usually a man who was friendly with a lesbian couple and who agreed to help them out.
Court rulings vary
Sperm donors who donate through a sperm bank are typically protected by state parenting shield laws. But in less straight-forward cases, courts have differed on whether the men should pay up.
A Massachusetts court ruled this year that a Nigerian immigrant had to pay child support for twins conceived through artificial insemination a year after he and his wife had separated, the Patriot Ledger reported.
And In Vermont, a man who donated sperm to a female friend was required to pay child support because he maintained a relationship with the children.
Explained one of the mothers to The Associated Press in 2007: "Part of the decision came down because he was so involved with them. It wasn't that he went to the (sperm) bank and that was it. They called him Papa."
In New York, a married doctor agreed to donate sperm to a young resident and her partner in the late 1980s, only to be asked 18 years later for child support, the New York Post reported.
His undoing was sending money and cards to the child, which he would sign, “Dad” or “Daddy.” The biological father’s name was also on the birth certificate.
But in Washington state, the Court of Appeals ruled in 2004 that a donor can’t be required to pay child support unless he and the mother have signed an explicit contract.
And in Texas, an appeals court ruled in favor of a former policeman who donated sperm to a woman he had been formerly connected with. He had paid thousands of dollars in child support for twins until the court ruled in his favor.
When the lawsuit was filed in 2008, the man told McClatchy: "I was totally blown away. I was already married and had moved on with my life."
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![[Post New]](/s/i/i.gif) 2012/12/31 07:30:15
Subject: Genetic Donor forced to pay child support
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Secret Force Behind the Rise of the Tau
USA
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That's just stupid. But at least the mothers themselves seem to recognize that something stupid has happened so that warms me up a little bit (even if their reasoning is a little odd).
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![[Post New]](/s/i/i.gif) 2012/12/31 07:56:13
Subject: Genetic Donor forced to pay child support
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Longtime Dakkanaut
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Eat them alive.
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![[Post New]](/s/i/i.gif) 2012/12/31 08:08:51
Subject: Re:Genetic Donor forced to pay child support
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Imperial Admiral
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Don't help anybody, ever.
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![[Post New]](/s/i/i.gif) 2012/12/31 08:14:55
Subject: Re:Genetic Donor forced to pay child support
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Secret Force Behind the Rise of the Tau
USA
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Its sad when that's the best advice you can give people, isn't it
The really sucky part here is that the people he helped weren't even trying to screw him over, but inadvertently did. Talk about an awkward moment.
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This message was edited 2 times. Last update was at 2012/12/31 08:15:25
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![[Post New]](/s/i/i.gif) 2012/12/31 08:33:55
Subject: Re:Genetic Donor forced to pay child support
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Hallowed Canoness
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LordofHats wrote:
Its sad when that's the best advice you can give people, isn't it
The really sucky part here is that the people he helped weren't even trying to screw him over, but inadvertently did. Talk about an awkward moment.
It's sad when it really is the best advice people can follow too.
But yeah this is a real gakky move on the part of the state. It's mind numbing that they can arbitrarily declare a signed and legal contract void because it suits them.
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I beg of you sarge let me lead the charge when the battle lines are drawn
Lemme at least leave a good hoof beat they'll remember loud and long
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DR:90-SG+M+B+I+Pw40k12+ID+++A+++/are/WD-R+++T(S)DM+ |
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![[Post New]](/s/i/i.gif) 2012/12/31 08:45:00
Subject: Genetic Donor forced to pay child support
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[MOD]
Anti-piracy Officer
Somewhere in south-central England.
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I am amused that the pretext for declaring the contract void is that the insemination was not carried out by a licensed physician.
I believe nearly all inseminations traditionally have been carried out by ordinary working people.
However there is an easy solution to the problem. The women can pay the man the amount he owes them, and then he can pay them.
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![[Post New]](/s/i/i.gif) 2012/12/31 11:39:13
Subject: Genetic Donor forced to pay child support
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Last Remaining Whole C'Tan
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Kilkrazy wrote:However there is an easy solution to the problem. The women can pay the man the amount he owes them, and then he can pay them.
I don't think it's going to work like that despite what the headline said. It sounds like the couple are insolvent and applied for welfare, so, they're going to get food stamps, WIC, medical coverage, that sort of thing, and his pay (or whatever) will be garnished to recoup some portion of state-delivered services - that's why the state had the power to withhold healthcare in the first place.
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lord_blackfang wrote:Respect to the guy who subscribed just to post a massive ASCII dong in the chat and immediately get banned.
Flinty wrote:The benefit of slate is that its.actually a.rock with rock like properties. The downside is that it's a rock |
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![[Post New]](/s/i/i.gif) 2012/12/31 21:23:12
Subject: Genetic Donor forced to pay child support
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5th God of Chaos! (Yea'rly!)
The Great State of Texas
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hotsauceman1 wrote:So a sperm donor is being forced by the government to pay child support for a younf kid who he helped conceive. Despite the fact that he is not working and the family said they do not want it and support his decision.
http://usnews.nbcnews.com/_news/2012/12/30/16254404-kansas-demands-that-sperm-donor-pay-child-support#comments
The two women raising the 3-year-old girl say they support the man, who responded to an ad they posted on the Craigslist website in 2009, the Topeka Capital-Journal reported.
The issue of child support arose when the two women broke up, and the couple applied for state services. Workers at the Kansas Department for Children and Families demanded the donor’s name and then filed a child-support claim against him, the newspaper said.
Angela Bauer, one of the mothers, told the Capital-Journal that she and her former partner, Jennifer Schreiner, support the donor, William Marotta, “in whatever action he wants to go forward with” to fight the state's demand.
Advertise | AdChoices
"This was a wonderful opportunity with a guy with an admirable, giving character who wanted nothing more than to help us have a child," the newspaper quoted Bauer, 40, as saying. "I feel like the state of Kansas has made a mess out of the situation."
When Bauer and Schreiner, the 34-year-old birth mother, reached a deal with Marotta that did not include any payment for his sperm donation, he signed a written agreement that relinquished all parental rights and held him harmless “for any child support payments demanded of him by any other person or entity, public or private ... regardless of the circumstances or said demand,” it said.
The state argued in court papers that because the insemination wasn’t performed by a licensed physician, the contract was null and void.
When the two women split in 2010, they had eight children, including some they adopted, whom they now co-parent.
Marotta, a 43-year-old mechanic, was dragged into the dispute when the couple filed for state assistance. The state insisted that they reveal the donor’s identity, saying that if they refused to do so, their daughter would no longer be eligible for health care coverage. The women reluctantly complied, the Capital-Journal reported.
The girl’s birth certificate does not include her biological father’s name, and the Capital-Journal said that he had no contact with the girl, other than receiving occasional email updates from Bauer. Both women adopted the girl, although they had to file for adoption separately because the state does not recognize same-sex unions, the newspaper said. This means that the state also cannot collect child support from same-sex parents.
"More and more gays and lesbians are adopting and reproducing, and this, to me, is a step backward," said Bauer, who formerly supported the family financially but is no longer able to work due to a "serious illness." "I think a lot of progressive movement is happening currently in the world as far as gays and lesbians go. Maybe this is Kansas' stand against some of that."
The Capital-Journal could not reach Marotta for comment and the Kansas Department for Children and Families declined to discuss the case, citing privacy laws.
This isn’t the first time states have demanded child support from sperm donors. But in most of those cases, the sperm donor was known to the birth family – usually a man who was friendly with a lesbian couple and who agreed to help them out.
Court rulings vary
Sperm donors who donate through a sperm bank are typically protected by state parenting shield laws. But in less straight-forward cases, courts have differed on whether the men should pay up.
A Massachusetts court ruled this year that a Nigerian immigrant had to pay child support for twins conceived through artificial insemination a year after he and his wife had separated, the Patriot Ledger reported.
And In Vermont, a man who donated sperm to a female friend was required to pay child support because he maintained a relationship with the children.
Explained one of the mothers to The Associated Press in 2007: "Part of the decision came down because he was so involved with them. It wasn't that he went to the (sperm) bank and that was it. They called him Papa."
In New York, a married doctor agreed to donate sperm to a young resident and her partner in the late 1980s, only to be asked 18 years later for child support, the New York Post reported.
His undoing was sending money and cards to the child, which he would sign, “Dad” or “Daddy.” The biological father’s name was also on the birth certificate.
But in Washington state, the Court of Appeals ruled in 2004 that a donor can’t be required to pay child support unless he and the mother have signed an explicit contract.
And in Texas, an appeals court ruled in favor of a former policeman who donated sperm to a woman he had been formerly connected with. He had paid thousands of dollars in child support for twins until the court ruled in his favor.
When the lawsuit was filed in 2008, the man told McClatchy: "I was totally blown away. I was already married and had moved on with my life."
This possibility has been bandied about foir decades. HAHAHAHAHAHA Automatically Appended Next Post: KalashnikovMarine wrote: LordofHats wrote:
Its sad when that's the best advice you can give people, isn't it
The really sucky part here is that the people he helped weren't even trying to screw him over, but inadvertently did. Talk about an awkward moment.
It's sad when it really is the best advice people can follow too.
But yeah this is a real gakky move on the part of the state. It's mind numbing that they can arbitrarily declare a signed and legal contract void because it suits them.
No its not, and the judge is right. The interests of mere contracts are nothing to the interests and well being of the child. Remember boys and girls, PARENTS CAN NOT SIGN AWAY THE RIGHTS OF THE CHILD YOU SCURVY DOGS. Arr.
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This message was edited 1 time. Last update was at 2012/12/31 22:46:15
-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
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![[Post New]](/s/i/i.gif) 2013/01/01 18:37:10
Subject: Genetic Donor forced to pay child support
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Regular Dakkanaut
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I think it's just another stupid way for some parents to have their daughter force the donor to cough up money witch he doesn't have so they can reap the benefits from it.
It would be the same thing if some one donated blood, and then all the sudden some one sues them or demands then to pay blood support for giving money to say the daughter of another family in this case.
People will do what ever they can most of the time to screw others over when money are involved.
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From each according to his ability, to each according to his need |
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![[Post New]](/s/i/i.gif) 2013/01/01 18:42:00
Subject: Genetic Donor forced to pay child support
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Fate-Controlling Farseer
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Well, from the states point of view, a bad contract has put the child on their dime. The donor/mothers didn't go about the procedure in the proper manner, so the contract they signed waiving rights was null and void. So why should the state be held responsible for paying out when they're the cause of the issue.
By the letter of the law I don't see how the State is wrong.
It sucks for the guy, but he put himself in this situation. Shoulda lawyered up before he agreed to the deal. Automatically Appended Next Post: SneakyMek wrote:I think it's just another stupid way for some parents to have their daughter force the donor to cough up money witch he doesn't have so they can reap the benefits from it.
It would be the same thing if some one donated blood, and then all the sudden some one sues them or demands then to pay blood support for giving money to say the daughter of another family in this case.
People will do what ever they can most of the time to screw others over when money are involved.
Did you read anything on this? The mother in custody of the child, the "parents" split not long after birth, is telling the state she doesn't want the donor to provide support.
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This message was edited 2 times. Last update was at 2013/01/01 18:44:03
Full Frontal Nerdity |
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![[Post New]](/s/i/i.gif) 2013/01/01 18:48:47
Subject: Re:Genetic Donor forced to pay child support
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5th God of Chaos! (Ho-hum)
Curb stomping in the Eye of Terror!
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So the moral of the story is...what... don't be nice anymore?
o.O
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Live Ork, Be Ork. or D'Ork!
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![[Post New]](/s/i/i.gif) 2013/01/01 18:54:48
Subject: Re:Genetic Donor forced to pay child support
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Fate-Controlling Farseer
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whembly wrote:So the moral of the story is...what... don't be nice anymore?
o.O
I'd say the moral of the story is, if you want to help strangers get pregnant, lawyer up first.
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Full Frontal Nerdity |
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![[Post New]](/s/i/i.gif) 2013/01/01 19:03:45
Subject: Genetic Donor forced to pay child support
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Regular Dakkanaut
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Yeah of course i read it, and well i guess i have to rephrase what i said previous then.
I don't ever think it;s right to ask for payments from any kind of donations unless the people in the matter agrees on such a thing. A donation is after all a form of gift and charging some one for a gift don't sound that good to me.
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From each according to his ability, to each according to his need |
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![[Post New]](/s/i/i.gif) 2013/01/01 19:06:51
Subject: Re:Genetic Donor forced to pay child support
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Longtime Dakkanaut
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Can of worms....can of worms.
GG
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![[Post New]](/s/i/i.gif) 2013/01/01 19:10:30
Subject: Re:Genetic Donor forced to pay child support
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Longtime Dakkanaut
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This is more of a case of a can of sperms, I would say.
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![[Post New]](/s/i/i.gif) 2013/01/01 19:14:08
Subject: Genetic Donor forced to pay child support
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Lord Commander in a Plush Chair
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I imagine they fear that allowing this sort of thing to happen will make it easy for people to dodge responsibilities or otherwise defraud the system. You may have unmarried couples say that the father 'agreed' not to be a parent so the mother should get full state support and the father can keep his money.
Laws and the social system are behind changes in society so can't cope. There must be straight forward fixes to these issues but it requires full acceptance of gay partnerships for a start, and that's very variable across the country. Systems generally seem to have been set up with the idea that men and women get married and have kids. With the rise in unmarried parents, single parents, gay parents these situations will occur more often until they are addressed, and simply pretending that gay couples don't have kids won't make it go away.
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This message was edited 1 time. Last update was at 2013/01/01 19:16:22
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![[Post New]](/s/i/i.gif) 2013/01/01 19:25:24
Subject: Genetic Donor forced to pay child support
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Virulent Space Marine dedicated to Nurgle
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As said before, never help. ANYONE.
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"What is the greatest illusion of life?"
"Innocence, brother, innocence." |
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![[Post New]](/s/i/i.gif) 2013/01/01 22:51:44
Subject: Re:Genetic Donor forced to pay child support
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5th God of Chaos! (Yea'rly!)
The Great State of Texas
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djones520 wrote: whembly wrote:So the moral of the story is...what... don't be nice anymore?
o.O
I'd say the moral of the story is, if you want to help strangers get pregnant, lawyer up first.
Yes, if anyone can show you how to screw someone properly, its a lawyer.
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-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
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![[Post New]](/s/i/i.gif) 2013/01/04 13:21:38
Subject: Re:Genetic Donor forced to pay child support
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Decrepit Dakkanaut
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Truer words were never spoken
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![[Post New]](/s/i/i.gif) 2013/01/04 17:18:52
Subject: Genetic Donor forced to pay child support
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Fixture of Dakka
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SneakyMek wrote:I think it's just another stupid way for some parents to have their daughter force the donor to cough up money witch he doesn't have so they can reap the benefits from it.
It would be the same thing if some one donated blood, and then all the sudden some one sues them or demands then to pay blood support for giving money to say the daughter of another family in this case.
People will do what ever they can most of the time to screw others over when money are involved.
Did you bother to read at all?
SneakyMek wrote:Yeah of course i read it, and well i guess i have to rephrase what i said previous then.
I don't ever think it;s right to ask for payments from any kind of donations unless the people in the matter agrees on such a thing. A donation is after all a form of gift and charging some one for a gift don't sound that good to me.
By "yeah" of course you meant "not at all"
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![[Post New]](/s/i/i.gif) 2013/01/07 11:31:03
Subject: Re:Genetic Donor forced to pay child support
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Hulking Hunter-class Warmech
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Wins the thread  Have an exalt!
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