In Re Marriage Of Witbeck-Wildhage

667 N.E.2d 122 (1996)

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Nature of the Case

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Facts

H and W were married in November 1990. H and W consulted with a nurse clinician at Christie Clinic regarding the procedure of artificial insemination. At the consultation, H made clear to W and the nurse he did not want to participate in, nor did he consent to, W's attempts to become pregnant. W acknowledges that H did not participate in her attempt to have a baby. W alleges H said it would be all right if she pursued the pregnancy alone. W underwent seven artificial insemination procedures. H was not informed. H became pregnant. W then filed petition for dissolution of marriage. It stated that W was pregnant. W sought custody of the unborn child and asked the court to order H to pay reasonable sums for her maintenance, support of the unborn child, and prenatal and delivery expenses. A boy was born, and H filed a motion for blood testing, which was allowed. H was conclusively excluded as the biological father. The court held that H is not the legal father. W appealed.