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Budnick v. Silverman
Florida District Court of Appeal
805 So. 2d 1112 (2002)
In 1987, Tamara Budnick (plaintiff) and Frederick Silverman (defendant) entered into an agreement to conceive a child through sexual relations. The preconception agreement provided that Budnick would have full custody over the child and bear the full responsibility of financially supporting the child. The agreement also provided that Budnick would not identify Silverman as the child’s father and would not initiate any paternity proceedings against him. Additionally, Budnick and Silverman stipulated that if Budnick did not fully adhere to the agreement, then Silverman could assume paternal rights. Budnick and Silverman then conceived a child. After the child was born, Budnick petitioned a court for a paternity determination and child support on the ground that the agreement was void as against public policy. In response, Silverman argued that the preconception agreement should be enforced. Silverman also alleged that he should be viewed as a sperm donor and that, pursuant to § 742.14 of the Florida Statutes (2001), he was legally required to surrender all paternal rights. Silverman moved for summary judgment. The trial court granted Silverman’s motion on the ground that the doctrine of laches barred Budnick from any child-support claims against Silverman. Budnick appealed.
Rule of Law
Holding and Reasoning (Per curiam)
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