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In re M.F.

938 N.E.2d 1256 (2010)

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In re M.F.

Indiana Court of Appeals

938 N.E.2d 1256 (2010)

Facts

J.F. (plaintiff) was in a long-term lesbian relationship and wanted to have a child. Her friend W.M. (defendant) agreed to provide sperm. The two signed a six-page agreement drafted by J.F.’s attorney before the child, M.F., was born. The agreement provided that W.M. waived all his parental rights, J.F. waived any right to child support and financial assistance, and that neither would ever pursue legal action to establish paternity. Seven years later, W.M. again provided sperm, and J.F. had a second child, C.F. When the children were five and 12 years old, J.F.’s relationship with her partner ended. J.F. applied for welfare benefits, and the county prosecutor filed a paternity suit on her behalf to obtain child support from W.M. The trial court found the donor agreement a valid contract that applied to both children and denied the petition to establish paternity. J.F. appealed.

Rule of Law

Issue

Holding and Reasoning (Friedlander, J.)

Dissent (Crone, J.)

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