In Re Parentage of A.H. et al, 2016 IL App (1st) 133703. A man who fathered triplets through assisted conception methods in Thailand has been ordered to support them. A Cook County judge properly recognized the judgment order from Thailand, which states that the man at issue (Harlow) is the dad. The Mom had brought the Thai court order of parentage to the U.S., as the Dad refused to pay child support. The Trial, Appellate and Supreme Courts in Thailand had each determined that Harlow was the Dad. Dad argued in court in the U.S. that he was never married to the Mom. Dad also argued that Illinois law does not recognize a sperm donor as the Dad unless the Dad is also the husband of Mom. The Cook County Judge did not agree with Dad’s arguments and found that he must support the three children.
“When we examine the language of the entire Parentage Act and consider each section in connection with every other section or subsection, the clear and unambiguous language establishes that the statute’s purpose ‘is to provide a legal mechanism for a husband and wife to obtain donor sperm for use in artificial insemination and to ensure that a child is considered the legitimate child of the husband and wife requesting and consenting to the artificial technique.”
Also, Dad consented in writing to the use of his sperm in the procedure with Mom and signed the consent form under the designation of ‘husband’. The Appellate Judge also noted that Dad had acknowledged his fatherhood in e-mails that discussed various plans to financially support the triplets. “In addition, he wrote about his plans to claim the three boys as dependents, take tax deductions for his support payments to them and enable them to access their rights of U.S. citizenship, which they had only because he was their father.”
The Mom’s attorney stated, “The bottom line is, in Illinois we try and protect kids,” he said. “These kids were created in an interesting fashion and they had no say in it, and they are entitled to support from their father, and I think that’s the bottom line. He had the opportunity to make all the claims that he did, and they’ve been decided.”
But Dad’s attorney said the issue is not about support — it’s specifically about whether his client can be named the children’s legal father. “A parent-child relationship could not have been established under Illinois law. Therefore, because Thailand established that relationship, we believe it was error for the Illinois court to accept that finding,” he said. “Whether or not the Illinois court could grant support in absence of the establishment of a parent-child relationship is still an open issue, pursuant to the holding in (In re Parentage of M.J.).”
The courts all agreed that Dad acted like the Dad and should be treated as the Dad.
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