IN RE MARRIAGE OF WITBECK-WILDHAGEN
667 N.E.2d 122 (1996)
NATURE OF THE CASE: Marica Wlidhagen (W), wife, appealed from a decision which held that
Eric Wildhagen (H) was not the legal father of a child conceived by artificial insemination
and born during the marriage.
FACTS: H and W were married in November 1990. H and W consulted with a nurse clinician at
Christie Clinic regarding the procedure of artificial insemination. At the consultation, H
made clear to W and the nurse he did not want to participate in, nor did he consent to, W's
attempts to become pregnant. W acknowledges that H did not participate in her attempt to
have a baby. W alleges H said it would be all right if she pursued the pregnancy alone. W
underwent seven artificial insemination procedures. H was not informed. H became pregnant. W
then filed petition for dissolution of marriage. It stated that W was pregnant. W sought
custody of the unborn child and asked the court to order H to pay reasonable sums for her
maintenance, support of the unborn child, and prenatal and delivery expenses. A boy was born
and H filed a motion for blood testing, which was allowed. H was conclusively excluded as
the biological father. The court held that H is not the legal father. W appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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