Dad claiming artificial insemination negates his child support responsibility faces setback

Indiana Court of Appeals rules against dad

INDIANAPOLIS - An Indiana man who claims he shouldn't have to pay child support for two children conceived with his then-wife through artificial insemination has suffered a legal setback.

The Indiana Court of Appeals on Wednesday denied the appeal of a Delaware County man who a trial court found was required to pay child support.

According to court documents, the man married in 2001, but because of a previous vasectomy, he and his wife began investigating the possibility of undergoing artificial insemination.

A friend of the family provided the sperm, and the couple used equipment to impregnate the woman at home, leading to her giving birth to a boy in 2004, according to the ruling.

The couple later decided to have another child, using the same equipment and more sperm from the same family friend, and the woman gave birth to a girl in 2006, according to the ruling.

When the couple separated in 2009, the father sought and was given equal visitation with his children and continued to support them financially, according to the ruling.

But when the man filed a petition for dissolution of marriage in 2010, he stipulated that "two children were born to [Mother] during the marriage … The children are not the biological children of [Father.]"

The man claimed he did not voluntarily consent to the artificial insemination and, therefore, should not be required to pay child support.

The appeals court ruled against the father, noting that "the findings support he trial court's ultimate conclusion that each child was a child of marriage. Accordingly, both Father and Mother have an obligation to support the children."

The name of the father in the case was withheld in the story to protect the identities of the children.

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