In Re M.F.

938 N.E.2d 1256 (2010)

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Nature of the Case

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Facts

M was cohabiting and in a committed, long-term relationship with a Same Sex Partner (SSP). M and F, who was a friend of M's, agreed that he would provide sperm with which to impregnate M. After a child (M.F.) was conceived but a few weeks before M.F. was born, the parties signed a Donor Agreement prepared by counsel for M in which the parties agreed that F had donated sperm to M and a child was thereby conceived. The Donor Agreement waived M's rights to child support and financial assistance from F, including assistance with medical and hospital expenses incurred as a result of her pregnancy and delivery, and released F from any and all claims of support for the child. It was expressly agreed that M will be solely responsible for the financial support of the child. F waived all rights to custody of or visitation, and they both mutually agree to forever refrain from initiating, pressing, or in any way aiding or proceeding upon an action to establish legal paternity of the child due to be born on or about September 19, 1996. Seven years later F donated so M could have C.F. M and SSP's relationship ended sometime around 2008, when the children were approximately twelve and five years old, respectively. M filed for financial assistance, and the Prosecutor filed on M's behalf, a petition to establish paternity. F responded by using the Donor Agreement as a defense. DNA testing established that F was indeed the biological father of both children. The trial court denied the petition to establish paternity on contract grounds. Essentially, the court held that the contract is valid and does not contravene sound public policy. It held that M was prohibited by contract from seeking to establish paternity in F. M appealed.