Featured News 2019 Sperm Donors & Parental Rights

Sperm Donors & Parental Rights

Sperm donation is the process which allows a male to donate his sperm to a sperm bank. These facilities help women who desire to have a child have one. Reasons a woman might choose a sperm bank include wanting a child but having no partner, having a partner who is infertile, or desiring to have a child in a same-sex relationship. The child that is the product of sperm donation is the natural offspring of the sperm donor, but the donor typically is not considered the legal father. In some instances, a father may retain parental rights through special agreements with the recipient family.

How Donated Sperm Is Used

Sperm is implanted using assisted reproductive technology, with the most well-known method being artificial insemination. During this process, semen is implanted inside a woman through a medical procedure. A less common method of using donated sperm is in vitro fertilization—a process that combines an egg and sperm outside of the body.

Why Is Paternity Complicated for Sperm Donations?

For many sperm donations, the woman will never meet the sperm donor. Instead, the donor’s health is screened by the medical professionals who take their sample. If a sperm donor wishes to find their natural child and have a presence in their life, they must consult local laws to find out if this is a possibility.

Sometimes, a woman will attempt to find the donor of their child’s sperm. They may desire to find their donor for a variety of reasons. In some cases, a child may reach an age where they start asking who their biological father is. In other cases, a mother may wish to seek her child’s biological father to obtain child support. However, many sperm donors a recipient sign documents which wave the donor’s legal parental responsibilities. In most cases, sperm donation is anonymous, so a mother will be unable to legally track down her child’s biological father.

Natural Insemination

Recently, natural insemination has become a more popular method for women who are comfortable with having intercourse with their sperm donor. Natural insemination has become more popular for women who wish to conceive naturally or who have not had successful results with artificial insemination. While this method is not illegal, it is certainly controversial. The law has not yet caught up to this method, and natural insemination is not recognized as a legal contract. So, a mother has the legal

Natural insemination would also remove the anonymity principle that sperm donation typically rests on and may cause complications when it comes to paternity rights. If you are considering donated sperm as a means of reproduction, it would be best to consult with an attorney who could advise you on the legal repercussions. Find a family law attorney today by using our directory!

Related News:

Will Your Prenup Hold Up?

Prenuptial agreements are contracts or written agreements that are created by an engaged couples before they legally tie the knot. Usually, these couples will outline the amount of property that each ...
Read More »

Co-Owning the Family Home After Divorce: the Drawbacks and Benefits

It is common enough for a spouse to want to keep the house after a divorce. This is especially true when the couple are parents who want their kids to be able to stay in the same home. The custodial ...
Read More »

Marrying a Non-Citizen

When you find the person you want to spend the rest of your life with, it seems like nothing can stand in your way. For those who happen to fall in love with a non-U.S. citizen however, they may have ...
Read More »