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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31019
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I am 35 weeks pregnant and have filed . I got pregnant

Customer Question

i am 35 weeks pregnant and have filed for divorce. I got pregnant with a sperm donor and want to know what parental rights the man i am divorcing has
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.
Hi - my name is ***** ***** I'm a Family Law litigation attorney. Thanks for your question. I'll be glad to assist.
Under Oregon law, the sperm donor has no rights and the husband has parental rights. Here are the relevant statutes:
109.239 Rights and obligations of children resulting from artificial insemination; rights and obligations of donor of semen. If the donor of semen used in artificial insemination is not the mother’s husband:
(1) Such donor shall have no right, obligation or interest with respect to a child born as a result of the artificial insemination; and
(2) A child born as a result of the artificial insemination shall have no right, obligation or interest with respect to such donor. [1977 c.686 §5]
109.243 Relationship of child resulting from artificial insemination to mother’s husband. The relationship, rights and obligation between a child born as a result of artificial insemination and the mother’s husband shall be the same to all legal intents and purposes as if the child had been naturally and legitimately conceived by the mother and the mother’s husband if the husband consented to the performance of artificial insemina
Thus, your husband would be considered the father and he would have parental rights to the child and custody/visitstion would have to be established through the divorce proceedings or after the child is born.