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Can a Woman Father a Child?

By Lawrence W. Abel
August 27, 2003

When can a woman become a father? According to the Superior Court of Pennsylvania, when she is a lesbian. In a recent case, the Pennsylvania Superior Court applied estoppel to impose child support obligations on a woman who 'fathered' five children. Specifically, the court affirmed an order requiring the woman to pay child support to her former lesbian partner after she sought and won custody rights to the children born during their relationship. L.S.K. v. H.A.N, 813 A.2d 872, 2002 Pa. Super. 390 (2002). Noting that H.A.N. had acted as a co-parent with L.S.K. for years, the court required her to pay child support.

Facts Behind the Case

The two women, L.S.K. (Mother) and H.A.N., were involved in a relationship for more than a decade. During that time, they decided to have children together. Mother was twice artificially inseminated with sperm from anonymous donors who relinquished all parental rights. Mother had a total of five children from the two pregnancies, one from the first, and four from the second. The parties had intended for H.A.N. to be inseminated the second time, but she was unable to conceive.

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