Oregon Court of Appeals Requires Father to Pay Child Support for Child Born Via Artificial Insemination

When the parties in this case were divorced, Husband agreed to pay child support for three minor children as part of a settlement agreement. Two of the children were Wife’s from a prior relationship whom Husband had adopted, and one child was conceived during the marriage via artificial insemination. Husband agreed to the settlement terms, which were read on the record, but he did not raise the issue of his status as the legal parent of M, the child conceived during the marriage. Husband later asked the Court to establish his status as a step-parent of M, which would allow his support obligation to cease upon entry of a divorce judgment. Husband argued that because the insemination was not done under the supervision of a physician as required by Oregon law (but rather via a private donor and a home-insemination kit), he was not legally obligated to pay support for the child. The Court of Appeals reviewed the record and found that Husband consented to and participated in the artificial insemination of Wife. Husband’s argument was based on ORS Chapter 677, rather than ORS 109.243, which addresses a parent’s relationship with a child born by these means. Ultimately the Court found that Husband’s legal obligations with respect to M, including the obligation to pay child support, are the same as if she were his biological child.

Read In the Marriage of A.C.H. and D.R.H.: http://www.publications.ojd.state.or.us/A134248.htm