Sieglein v. Schmidt

Husband refused to have his vasectomy reversed, but accompanied his wife to a fertility center. She delivered a child through in vitro fertilization (IVF)2 using donated sperm. Husband was later found to be the father of the child; was determined to have voluntarily impoverished himself with respect to child support; and had injunctive relief entered against him based on harassment. The Maryland Court of Appeal affirmed, holding that the “plain meaning” of the term “artificial insemination in the Estates and Trusts Article, Md. Code 1-206(b), can be interpreted to include a case of “in vitro” fertilization from a donated egg and donated sperm, as a result of which Petitioner has been declared a “parent” of the child and thereby liable for child support, even though the child has no genetic connection to either of the parties. The term broadly encompasses any methodology wherein human reproduction is achieved by artificial means. The court also held that the “plain meaning” of Md. Code Ann. 1-203(a)(2) can be interpreted to sustain a permanent injunction against Petitioner on the basis of “harassment.” The court upheld the finding of voluntarily impoverished. View "Sieglein v. Schmidt" on Justia Law