A Utah court ruled today that a man whose wife continued artificial insemination during their marriage separation and later gave birth to a son is not the child's legal father.
The Utah Court of Appeals reversed a trial court's ruling that Ricky D. Krambule must pay support for his ex-wife's son, Matthew.
In reversing the decision, the appellate court said Barbara Krambule lost her right to request child support under the terms of the artificial insemination agreement by not asking for it in the original divorce proceeding.
"Barbara had full knowledge that she was pregnant as a result of the insemination procedure at the time she executed the stipulated settlement which deliberately omitted any obligation for Rick to pay child support for Matthew," Judge James Z. Davis wrote.
The Krambules tried in 1990 to have a second child through artificial insemination with donated sperm, but the following year, they separated.
Matthew was conceived two months after the separation.
Under their 1992 divorce agreement, Ricky Krambule was not expected to support the child.
But Barbara Krambule asked the court for child support four years later, saying there had been a "material change of circumstances"--Matthew's birth. She asked the court to declare Krambule the legal father.
The trial court granted her request, but the appeals court ruled that she had waived her right to demand child support.