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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35326
Experience:  Attorney with 16 years experience
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My sister in North Carolina is 37 yrs old and eager to get

Customer Question

My sister in North Carolina is 37 yrs old and eager to get pregnant. However her husband is not being supportive to have a child. He is punishing her for not supporting his family and they are planning for separation. Separation is a long process. The clinic she is consulting requires her to obtain husband's permission. Is there a such a law in NC where husband's consent is required to get artificially inseminated by another donor. Can she go to a different US state where such consent is not required..
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Yes this is the law in NC because if a married woman becomes pregnant through artificial insemination, the husband is the legal father. This results in an initial burden on the husband to provide support for the child until the age of majority..

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G.S. 49A-1 states, “Any child or children born as the result of heterologous artificial insemination shall be considered at law in all respects the same as a naturally conceived legitimate child of the husband and wife requesting and consenting in writing to the use of such technique.”

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A husband cannot subsequently challenge the paternity of a child conceived by his wife through heterologous artificial insemination.

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However, there is nothing that would prevent her from going to another state under different laws that would not require such a consent from the husband.

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thanks

Barrister

Customer: replied 1 year ago.
Hi Barrister, I am looking for the states where the spousal consent is not required. She is not looking for child support.
Customer: replied 1 year ago.
How about NY
Expert:  Barrister replied 1 year ago.

Ok, I can't really go through every state's laws to see whether consent is required simply due to the time it takes to research each state's statutes..

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But NY law provides that any child born to a married woman via artificial insemination with written consent by her husband and her, shall be deemed the legitimate child of the marriage. However, if the husband does not assist with the child and rejects being the father specifically with a paternity challenge, then he can avoid being considered the parent of the child.

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So yes, NY would allow her to be artificially inseminated without the husband consenting..

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thanks

Barrister

Customer: replied 1 year ago.
Thanks very much Barrister. Is there a legal document I can refer.
Expert:  Barrister replied 1 year ago.

You are very welcome. Glad to help any time.. But no, there is not a law anywhere in NY that says "A married woman can become artificially inseminated without her husband's consent". She just can because she has the right to get pregnant or not as this is a medical procedure that only she has to consent to in NY.

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thanks

Barrister

Customer: replied 1 year ago.
Thanks Barrister!
Expert:  Barrister replied 1 year ago.

Anytime...

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All the best to you and yours..

Barrister

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