A friend was researching using a sperm donor she knows to do IVF. she got concerned when she read this website's legal 'advice' They basically say that unlike most states PA has no law that says a sperm donor is not considered the legal father if he donates through a clinic, and lacking such a law the situation comes down to case law which will be ruled based off of the specifics of the case; with the clear implication that even donating at a doctor offices has a high chance to lead to the sperm donor being considered the legal father.
What they fail to mention is that the case law in this situation seems pretty clear, as there is already a ruling stating that a donation through a clinic does not make a sperm donor the legal father.
So unless I'm misunderstanding what looks to be a pretty clear cut example of case law it would seem that the legal office's website is quite misleading, and likely this is done intentionally as fear mongering to scare people into using their legal office to have a contract written up to protect them. This is extra ironic because as far as I can tell by scanning the previous brief it looks like PA case law falls strongly on the side of not respecting donor contracts (though I haven't fully researched the fact, the presidents the brief cites definitely support the idea that parent's can't sign away their child's right), so it seems like the firm is misleading people about the law so they can offer to write contracts that likely won't be respected.
I know the website is not technically lying in what they say, but it seems intentional misleading. I doubt a legal firm would break the law so blatantly, so I assume the claims on the website must be legal. However, that surprises me since what little I do know about common law situations it seems like 'technical truths' that are intentionally misleading usually are treated as falsehoods in other situations, for instance slander/libel laws or contract rulings trying to emphasis intent of contract instead of just the letter of the contract.
So, why is a claim like this allowed? Is this either not as clear cut a lie of omission as it seems to be to me, or are such lies by omission actually allowed?