Reply to Sperm Donor Question

Forum Index » Infertility Support and Discussion

Reply to "Sperm Donor Question"

Subject:

Emoticons





More smilies

Text Color: Font: Close Marks

[quote=Anonymous][quote=Anonymous]Here is an excerpt from a legal article:

"In 2000, the UPA was revised to remove the physician supervision requirement and include procedures conducted on non-married women to “provide certainty of nonparentage for prospective donors.”17 It clarified that donors could not sue to establish parental rights or be sued and required to support the resulting child. The revised UPA essentially eliminates donors from the “parental equation” and states that sperm donors are not legal parents if conception occurs through artificial insemination and the donor does not intend to become a parent.18 However, the revised UPA still allows a donor to contest paternity if he can prove that he lived with the child within the first two years of the child’s life and considered the child to be his offspring.19 However, few states have adopted the revised UPA to date. While most states do have laws that remove paternal rights from anonymous sperm donors and give them to the intended parents, those statutes generally do not apply if the woman is not married or a physician is not involved in the process.

Many courts are reluctant to deny parental rights to known sperm donors if they request them.20 In Jhordan C. v. Mary K., the court awarded paternity rights to a man who donated his semen to inseminate an acquaintance.21 The woman performed the insemination herself at her home and not under the direction or supervision of a licensed physician.22 After the child was born, the donor demanded monthly visits with the child and the mother reluctantly agreed. The donor later filed an action to establish paternity and visitation rights. The court ruled in the donor’s favor, determining that the donor’s parental rights were not extinguished under the applicable state statute because a physician was not involved and because the donor’s regular visits with the child established that the donor and woman acted as if the donor had some familial status with respect to the child.23 The parties in the Jhordan C. and Mary K. case did not reduce their arrangement to a writing. Therefore, the court looked to the parties’ actions to construe the intent of the arrangement.

Even in instances where the parties agree on parentage ahead of time, contracts that explicitly preclude rights for known sperm donors are not necessarily enforceable.24 In Kansas v. W.M., a same-sex couple solicited a sperm donor through Craigslist.25 The parties signed an agreement whereby the donor relinquished his paternal rights to the child. The couple performed the insemination in their home resulting in pregnancy. Prior to the birth of the child, the couple separated and the birth mother applied for benefits with the Kansas Department of Children and Families (“DCF”). After the birth of the child, DCF filed a petition to declare the sperm donor as the natural father of the child and sought an order for child support and a judgment for payment of medical expenses to DCF for past benefits. Under the Kansas Parentage Act, much like the original UPA, a sperm donor is not deemed the natural father of a resulting child only if the semen is provided to a licensed physician for artificial insemination and the woman is married.26 Here, the court determined that despite the written agreement to the contrary, the donor was the natural father because the insemination was not conducted through a physician and the woman involved was not married. Therefore, the donor was liable to DCF for child support and past benefits."

source:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6170122/[/quote]

PP who used a known donor here - this is why you do it using an RE and a cryobank.[/quote]

Options

	Disable HTML in this message
	Disable BB Code in this message
	Disable smilies in this message

Review message

Search Recent Topics Hottest Topics