Ferguson v. McKiernan

OPINION

Justice BAER.1

We are called upon to determine whether a sperm donor involved in a private sperm donation — i.e., one that occurs outside the context of an institutional sperm bank' — effected through clinical rather than sexual means may be held liable for child support, notwithstanding the formation of an agreement between the donor and the donee that she will not hold the donor responsible for supporting the child that results from the arrangement. The lower courts effectively determined that such an agreement, even where bindingly formed, was unenforceable as a matter of law. Faced…