¶1concurring:
¶2¶ 11 concur in the result.
¶3¶2 As the majority accurately relates, this case involves a creative defense by appellant father to an action for child support brought by appellee mother. Father contends that he and mother expressly agreed, prior to conception of the child for whom support is sought, that father would have no obligation to support any child mother conceived as a result of the parties’ sexual relationship. The trial court found as a fact that no such agreement existed. The trial court then proceeded to analyze the legal effect such an agreement might have, if it did exist. The latter discussion is clearly dicta.
¶4¶ 3 In its opinion the majority correctly concludes that appellant has failed to prove the existence of an agreement. The majority then hypothesizes that were such an agreement to exist, it would not be enforceable. In light of the growing legal and ethical complexity in the area of reproduction it seems that the wiser course is to refrain from expressing views relating to the enforceability of such contracts until such time that the issue is squarely before us.
¶5*797¶ 4 Therefore, I join in the majority’s affirmance on the ground that the trial court’s factual conclusions are correct. Because there is no valid agreement before us, I do not join in the majority’s analysis of the effect of a pre-conception agreement purportedly relieving one party of the duty of support.