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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48370

Justice Sproat

PLAINTIFF’S CHILD was conceived by artificial insemination of donor sperm. At the time of insemination, defendant boyfriend, who is not the child’s biological father, allegedly signed a “Consent for Artificial Insemination” which plaintiff claimed created an enforceable contract for child support. The court granted defendant’s motion to dismiss plaintiff’s contractual breach action for his failure to provide support. Despite finding that the document appeared to be a “consent in writing” referenced in Domestic Relations Law §73, the court found the statute to be inapplicable because the parties were not married to each other. The court held the parties’ agreement void for vagueness and unenforceable. Citing Bernstein v. Felske and Mocca Lounge v. Misak, it declined to supply material terms missing from the agreement, finding their omission “too great” and “too noticeable” and that the risk of ensnaring defendant in contractual obligations that he never knowingly assumed was “too serious.”

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