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Legal Questions about Sperm Donation

What is sperm donation?

Sperm donation is where a man donates his sperm in order to get a woman -- who is not the usual sexual partner -- pregnant. Many couples including those that are infertile, same gender partners and single parents often use sperm donors. However, not always are the legal implications clear when some enters into a sperm donation contract. This can lead to legal questions and leave people unsure of their rights. Family Lawyers on JustAnswer provide answers to legal questions about sperm donation laws, sperm donation process, and sperm donors’ rights. Read below the top five sperm donor questions answered by the Experts on JustAnswer.

If someone used a sperm donor how would the mother go about removing the sperm donor’s parental rights?

The donor can give up his rights by signing them away, and giving the mother full parental rights. If they agree to this, it will not be a problem. If the donor wants to be in the child’s life and there was never an agreement between the two parties, then he would normally be able to. If there is a partner involved, they would be able to adopt the child, but only with the consent of the mother and the donor, or this could be taken to the court to rule on.

In the state of California can a 17 year old donate sperm?

At the age of 17, the child is still considered a minor and the parent is responsible for the actions of the minor. The minor will not be able to donate sperm without parental consent. Once minors turn the age of 18, then they are able to make their own decisions without parental consent.

Is there a law in California regarding minors donating sperm?

There is no specific law about minors donating sperm. However, in the state of California there are laws that state that a minor can give consent to certain medical procedures. However, at this time sperm donation is not one of them. For this kind of procedure the minor will need consent from a parent or guardian. Clinics do not allow minors to donate sperm without consent from a parent, and if they happen to allow it without consent from a parent and the parent finds out the clinic can be sued for allowing this to happen.

If a man agrees to impregnate a lesbian, could he later be made to pay child support?

In most situations, when donating sperm without going through a clinic, it can be really difficult. In general, the man can be held liable for child support. Some states have passed statues governing sperm donation. In most cases, when a man impregnates a woman he can be liable for support, and usually no contract can change that. If the child is adopted by another person, then that could cut ties with the donor.

When using a known donor in the state of New York, can they make their own contract without going through the court and dealing with a lawyer?

This is possible in many situations. Contracts when dealing with sperm donation between a couple and the donor are usually unenforceable. The court will look at the best interest of the child in making the decisions on the rights and duties of the donor. An agreement between the couple and the donor will be enough considering the New York law on contract at the present time.

When one becomes a sperm donor or uses a sperm donor to induce pregnancy, there are many requirements and legal implications. Differences in state laws and individual circumstances can further complicate matters. It is always advisable to be armed with legal knowledge in such situations – to safeguard your interests and those of the child. One way to arm yourself with the legal information is to ask a Family Lawyer on JustAnswer. They can answer questions about your particular case and provide you with legal insights and Expert legal opinion.
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