Dead Sperm Donor Ordered to Pay Child Support

Traci Brown
(Harrisburg, VA) - Carl L. Frampton Jr. helped a lesbian couple conceive two children. The couple, Jodilynn Jacob and Jennifer Lee Schultz-Jacob began a relationship and eventually had a civil union in Vermont in 2002. Jodilynn Jacob adopted two children that Schultz-Jacob had previously and the couple decided they would like to have more.

Frampton, a friend of the couple decided he would like to help them out, and he did. Two children were conceived at home for the couple. In 2006, the once happy couple decided to split, with Jacob moving out with all four children. The pair went to court to decide which woman should pay child support to whom. It was decided that Schultz-Jacob should pay Jacob $1000 a month, but Schultz-Jacob did not think this was fair and decided to try her hand in something else.

She later went to court and argued that the father, Carl L. Frampton Jr. should have to pay child support. She lost this round, while the Superior Court overturned the ruling. The matter was even more complicated due to Frampton's relationship with the children. He frequently became involved in their lives and frequently helped with their care, even contributing some money for the care of the two children he fathered.

That fact however would prove useful, as that fact largely encouraged the court's ruling. Carl L. Frampton Jr. would indeed have to pay child support. What is the only problem with this ruling? Carl Frampton is dead.

Carl L Frampton Jr. died suddenly in March of a stroke. His estate lawyers are baffled as how exactly to proceed with this ruling.

Superior Court Judge John T.J. Kelly Jr. stated in a written ruling that Frampton contributed thousands of dollars to the children's care. He even said that the children knew that he was their biological father. They even attended his funeral. He sees this as a variant as to how the support court sees him, it's as if he played a minimal role in their lives, when in fact, he played a rather large one. This is a large factor in the decision of this case.

Many states have adopted what are called Uniform Parentage Act law's that protect sperm donors from being forced to perform parenting responsibilities. However, according to The Associated Press, Pennsylvania does not have these laws.

Frampton's lawyers argue that only two people can be held accountable for support in child-custody cases.

Source: http://www.365gay.com/Newscon07/05/051007sperm.htm

Published by Traci Brown

Traci has a Bachelors of Science degree in Child Development and Family Studies. She is currently working as a Preschool teacher, an English tutor and as a writer online.  View profile

19 Comments

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  • jverner5/12/2007

    There's actually a bit more to the story than that. The donor had been a part of the kids' lives since their birth. He had helped to support them and encouraged them to call him "Papa." When the same-sex couple split up, the donor was granted shared legal and physical custody of the kids.

    The really interesting case will be Ferguson v. McKiernan, pending in the Pennsylvania Supreme Court, where a married woman promised a man she would never look to him for support if he would impregnate her. He did, her husband divorced her, and she sued the sperm donor for child support. The lower Pennsylvania court granted the request for child support.

    Jimmy Verner
    jverner@childsupportweb.com
    www.childsupportweb.com
    www.vernerbrumley.com

  • Mary Kirkland5/12/2007

    Sometimes I just have no words to express what I'm thinking..this is one of those. times. I will say this..she should not get any of his estate..nothing.

  • Traci Brown5/11/2007

    Well it certainly isn't fair to allow straight couples the opportunity when gay couples don't have the chance. I mean, the only cases we see are the ones that fail, we don't hear about the ones that are successful.

  • Andre Smith Jr5/11/2007

    True straight couples do the same thing in backing out on their responsibility. However, the argument is going to be why waste more time, energy and effort in dealing with these same end results except with gay couples just clogging the courts and the cost of trials in these cases even further.

  • Traci Brown5/11/2007

    I just want to point out to several people, not every gay couple acts like the above two, not every gay couple will back out of their responsibilities. Keep in mind, straight couples do it too. We can't judge a few gay couples, that happen to make it into the media, and expect them to be the forefront of every gay relationship there is.

  • Carol Gilbert5/11/2007

    Interesting Kay, I was thinking the opposite. Now that he's died, it's a claim against the estate and he isn't around to protest. Who loses in this battle if some sort of financial obligation is found is his next-of-kin or whomever else he arranged to inherit his estate.

  • Andre Smith Jr5/11/2007

    This can become a very dangerous precedent for people whom are pro gay marriage, and gay people whom want to get married as well. The fear being if we let them become "parents" and "get married" and they choose to back out of their parental obligations so, they can on the count on the same very fact that they are gay and not a biological parent not having to pay child support. To hell with being PC, just in a legal sense and thinking of RESPONSIBILITY this would be one LEGIT reason to not allow gay marriage, should these types of "incidents" keep happening...wait and see folks.

  • John Gugie5/11/2007

    Damn, I'm in PA! So if any of you ladies ask, I will NO longer be donating my sperm. I know, I know, it's tough, but I'm sorry!

  • Alice Meadows5/11/2007

    They want to play like they are married then they need to assume responsibilites as if they are married. Sick and disgusting.

  • Kay Whittenhauer5/11/2007

    Very interesting in a bizarre way, thus proving truth is stranger than fiction. Since the man was never a legal parent or gaurdian of these children, he should not be held legally responsible for them financially. He enabled this couple to have children- it's a shame that that woman had to turn on him like that. Now that he's dead, she's SOL, and needs to step up to the plate and make good on her responsibilites toward her children.

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