Saturday, December 30, 2006

Sperm Donor Challenges Parental Rights in Kansas

A sperm-donor's rights case will be addressed this week in the Kansas Supreme Court. A Kansas man who donated sperm to his friend wants to help raise the offspring. He's challenging a state law that says donors have no parental rights.
The suit, set for arguments concerns a Shawnee County man who donated sperm to a friend. The woman underwent artificial insemination and delivered twins in May 2005. The man argues that he always intended to act as a father to the children. No agreement was put into writing, however, and a judge later decided the man had no rights as a father.
That’s because Kansas law denies parental rights to sperm donors unless they have a written agreement with the mother specifying that they will act as father. The 1994 law was designed to protect children conceived through artificial insemination from frivolous custody disputes, as well as to safeguard donors from child support lawsuits.
The unmarried woman, who, like the donor, is identified only by initials in court documents, argues that she never intended to share parenting with the man. She chose the man, whom she had known for 10 years, because of his good medical history.
The man appealed his case to the high court, arguing that the law is unconstitutional. His attorney said a better law would require donors to sign an agreement waiving their rights as parents.
Linda Henry Elrod , a family law professor at Washburn University, filed a legal brief in which she sided with the donor. Elrod argues that to require a man to have a written agreement before he has parental rights over his biological children is to violate his constitutional rights. The law, she wrote, “cannot take away a constitutional right to be a parent” without due process. Elrod was my family law professor in law school. However, I have to disagree with her on this one. And it would appear others do too.
21 other family law experts across the country filed a brief supporting the woman. They argued that the Kansas law in effect protects the interests of children created through sperm donation, as well as the mothers and the donors, by requiring any agreements to be set down in writing.
One of those professors, Nancy Polikoff, a family law professor at American University, said “biology is not enough” to give the man parental rights. The law assumes the mother (and any husband or partner she might have) will have custody when it comes to children of sperm donors. Without the Kansas law, she said, women could face custody battles from donors, or donors could find themselves being asked to support a child they never intended to know.
I will keep you all posted on the outcome of the case before our Kansas Supreme Court when the decision comes down.

Thursday, November 23, 2006

Labor and Employment Law

Child Custody
Child custody refers to custodial awards or determinations involving a minor child. These determinations involve who has the right to make decisions about the child, or legal custody, including decisions about education, religion, medical issues, and discipline, as well as where the child will live, or physical custody. With "sole custody", you alone have legal and physical custody of your child. In a "joint custody" arrangement, you and your ex-spouse share legal and/or physical child custody. If you and your spouse cannot agree on a child custody arrangement, a court will likely make a child custody decision based on the "best interests of your child." Read on to learn more about child custody law, and to locate a child custody lawyer or child custody attorney. All child custody information is kept strictly confidential. Child custody law, child custody lawyer, and child custody attorney information provided .

Employment law is the name given to the branch of civil law that covers the laws and regulations governing labor relations and employment issues, such as collective bargaining, discrimination in the workplace, sexual harassment, occupational safety, wage and hour requirements, and workers' compensation.


BankruptcyBankruptcy law is the name given to the branch of civil law that covers federal bankruptcy and state insolvency laws and regulations as they apply to individuals, municipalities, and businesses. During bankruptcy, a court administers the estate (the property and other assets) of a debtor (a person or business who owes money to others) for the benefit of creditors (a person or business that is owed money). In voluntary bankruptcy proceedings, individuals or businesses may file for bankruptcy in an attempt to resolve a hopeless financial situation; although, from time to time, a creditor may force the filing of an involuntary bankruptcy proceeding. Please read on to find a bankruptcy lawyer, bankruptcy attorney or to learn more about bankruptcy information including the new bankruptcy law. Bankrupty attorney and bankruptcy lawyer information provided

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