## Facts

- Francine Todd and Edward Straub had a romantic relationship and engaged in sexual intercourse in 1986–1987.
- Todd wanted to have a child without marrying; Straub resisted fathering another child because he already had children.
- Before conception, Straub prepared a handwritten statement, signed by Todd, indicating she wanted a baby and would support the child “financially & emotionally,” and that the man would not be held responsible.
- After the writing was signed, the couple engaged in unprotected intercourse; Todd became pregnant in March 1987 and gave birth in November 1987.
- The birth certificate did not list a father.
- In 1991, Todd, on behalf of the child, filed a paternity action seeking a declaration of paternity and child support, plus certain medical expenses.
- The trial court determined Straub was the biological father and ordered weekly child support, arrearages, and medical expenses.
- Straub asserted the preconception agreement as a defense to support obligations.

## Issues

1. Whether a parent may, by a preconception (or pre-intercourse) agreement with the other parent, waive or contract away the child’s right to support and the parent’s support obligation.
2. Whether an agreement characterizing a father as a “donor” is enforceable when conception occurred through sexual intercourse rather than under an artificial insemination framework.

## Decision

- The Indiana Supreme Court affirmed the judgment requiring Straub to pay child support and related obligations.
- The court held the preconception agreement purporting to relieve Straub of support responsibility was void and unenforceable as against public policy.
- The court rejected treating Straub as a sperm donor because conception occurred through sexual intercourse, not artificial insemination governed by distinct statutory or policy rules.
- A dissent would have treated the agreement as an enforceable allocation between the adults if the mother was financially able, while preserving the child’s right to adequate support.

## Legal Principles

- A child’s right to financial support from a parent cannot be waived or bargained away by agreements between adults, including agreements made before conception.
- Agreements that attempt to eliminate a biological parent’s future child-support obligations are void as contrary to Indiana public policy protecting minors.
- Donor-style rules do not apply where conception occurs through sexual intercourse rather than within a regulated artificial insemination or sperm-donation context.

## Conclusion

Indiana refused to enforce a preconception “no support” agreement and held that a biological parent remains obligated to support the child because the child’s right to support is nonwaivable and cannot be defeated by private contract.


Straub v. B.M.T. ex rel. Todd, 645 N.E.2d 597 (Ind. 1994)