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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31027
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If I am legally married but we are separated at this time. I

Customer Question

If I am legally married but we are separated at this time. I have no desire for reconciliation. My husband does not want children. If I were to be artificially inseminated before divorce is final, would he have any legal rights to the child? I would be inseminated by an ananomous donor.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

Oregon Statute § 109.243 says:

"The relationship, rights and obligation between a child born as a result of artificial insemination and the mothers 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 mothers husband if the husband consented to the performance of artificial insemination."

Expert:  Roger replied 1 year ago.

Thus, it seems that the answer to this turns on whether or not the husband consents to the artificial insemination.......

Customer: replied 1 year ago.
I have a hard time understanding a lot of lawyer terms. Could you break it down a little bit easier for me to understand?So if I wanted to get pregnant by an anonymous donor(not my husband) through artificial insemination my husband would still have all legal rights, ect to the baby even though it was not his sperm just because we are still by law married?
Expert:  Roger replied 1 year ago.

Hi -

The bot***** *****ne is that if your husband DOES NOT consent to the artificial insemination, then he's not presumed as the father.

Expert:  Roger replied 1 year ago.

But, if he DOES consent to the artificial insemination, then he would be the father just as if the child had been naturally conceived between the two of you.

Customer: replied 1 year ago.
I would have to let him know before I proceed with any procedure? I could not just make the decision on my own and tell him later if it works?Would any length of time of being separated change anything or the only thing that would need to happen so I don't have to involve him is divorce?Do you practice in Oregon?
Expert:  Roger replied 1 year ago.

That's right. If he doesn't consent to the artificial insemination prior to it occurring, he can refuse responsibility for the child and deny that he is he father.

Expert:  Roger replied 1 year ago.

Also, we're not allowed to take on clients through this site, but you can search for a local attorney at www.martindale.com.

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