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In re Marriage of Witbeck-Wildhagen

Appellate Court of Illinois for the Fourth District
667 N.E.2d 122 (Ill. App. Ct. 1996)


Marcia Witbeck-Wildhagen (plaintiff) married Eric Wildhagen. The couple visited a clinic to discuss artificial insemination. During the consultation, Eric informed the nurse and Marcia that he did not want to participate and did not consent to Marcia’s desire to have a child. Despite this, Marcia returned to the clinic without Eric’s consent, underwent artificial insemination, and became pregnant. Blood tests later confirmed that Eric was not the biological father of Marcia's child. Marcia filed a petition for dissolution of her marriage with Eric. As part of the petition, Marcia petitioned the court to order Eric to pay child support for the child born as a result of the artificial insemination. The trial court held that Eric was not the legal father of the child based on an Illinois statute that said that if a husband gives consent to his wife to undergo artificial insemination, the husband shall be deemed the legal father of the resultant child. The court declined to award Marcia child support. Marcia appealed.

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Holding and Reasoning (Knecht, J.)

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