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Straub v. B.M.T.

645 N.E.2d 597 (1994)

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Straub v. B.M.T.

Indiana Supreme Court

645 N.E.2d 597 (1994)

Facts

Francine Todd (plaintiff) and Edward Straub (defendant) engaged in a romantic relationship. Todd expressed a desire to bear a child. Straub, who had children from a previous marriage, was reluctant. However, Straub agreed to impregnate Todd if she signed a written statement to the effect that Straub would not be financially or emotionally responsible for the resulting child. Todd agreed. Todd became pregnant through intercourse with Straub and gave birth to a child, B.M.T. (plaintiff). A few years later, Todd petitioned the trial court to declare Straub the father for purposes of securing payment of child support and medical expenses. Straub offered the signed agreement as a defense. The court declared the agreement void. Straub was declared the father and ordered to pay child support. Straub appealed. The court of appeals affirmed. Straub again appealed. The Indiana Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Shepard, C.J.)

Dissent (DeBruler, J.)

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