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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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if I get sperm from a free donor and get pregnant and then

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if I get sperm from a free donor and get pregnant and then need public assistance for some reason such as food stamps wick of possibly even welfare. I have two questions. If I only know the donors first name I am going to be forced to give it right even if I know nothing else about him like ware he is from or anything else. But I want to get a parental rights agreement termination paper singed a private one he has agreed to sign such a paper but if I have his full name I could be legally bound to give it an then he would possibly be sued for child support and stuff from the government if I get wick and food stamps if I conceived a child. How would I legally not have to provide his name?
Submitted: 7 years ago.
Category: Family Law
Expert:  S. Kincaid replied 7 years ago.
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Steven Kincaid :

Are you talking about using an anonymous sperm donor through a sperm bank who is providing it for free or are you talking about having a friend/acquaintance giving you fresh sperm?

Steven Kincaid :

Under Virginia law, a donor is not the parent of a child conceived through assisted conception, unless the donor is the husband of the gestational mother. However, the definition of "assisted conception is:

Steven Kincaid :

a pregnancy resulting from any intervening medical technology, whether in vivo or in vitro, which completely or partially replaces sexual intercourse as the means of conception. Such intervening medical technology includes, but is not limited to, conventional medical and surgical treatment as well as noncoital reproductive technology such as artificial insemination by donor, cryopreservation of gametes and embryos, in vitro fertilization, uterine embryo lavage, embryo transfer, gamete intrafallopian tube transfer, and low tubal ovum transfer.

Steven Kincaid :

Therefore, artificial insemination would only prevent the donor from being the legal father of the child if the artificial insemination was accomplished by medical procedures - the turkey baster won't do.

Steven Kincaid :

If you were to apply for welfare, the government would demand the father's identity. Granted, sometimes that is impossible to provide (such as where there is a one night stand with a stranger, or in the case of rape or prostitution. However, if you are able to identify the donor, you must. You must also make any reasonable efforts to identify the donor. For example, if the donor, "Steve," is a friend, of a friend of a friend, you may be required to try to find Steve's name through your chain of friendship.

Steven Kincaid :

And termination of parental rights is not automatic in Virginia. In fact, in a case called Cartwright v. Cartwright, the Court said that a noncustodial parent may not voluntarily relinquish his parental rights at all. Parental rights of a non-custodial parent can only be terminated in the context of foster care proceedings based on excuse or neglect, or in a step parent adoption.

Steven Kincaid :

So, you are best off either using assistive medical technology (having a midwife provide intra uterine or intra cervical insemination) or by moving to a state where it is easier to terminate his parental rights (which is difficult in all states - some more so than others).

Expert:  S. Kincaid replied 7 years ago.
Please let me know if you have any follow up questions.
Customer: replied 7 years ago.
What if we use nothing but first names would I be able to say that is the equiluvelent of a one night stand. That is what I intend to tell any one that ask how I got pregnant if I did get pregnant none of this has happend. I have just found a free donor who is willing to ship sperm all he wants is shipping paid for. I can ask for no information right then when legally ask for the fathers name I will not have it. People at such places cant ask how your child was made if you need them can they?
Customer: replied 7 years ago.
The donor is anonomus and I dont intend to tell him weather or not the insimination process takes or not as well.
Customer: replied 7 years ago.
What if I got the sperm in person no names were exchanged. Or just first names It would then be the equilivelent of a one night stand correct. I could later get aide if I needed it and could legally put the father down as unknown correct?
Expert:  S. Kincaid replied 7 years ago.
Well, you have several duties if you apply for TANF:
  • You Must Give Correct Information

    If you knowingly give false, incorrect or incomplete information in order to receive or help someone else receive benefits, you are subject to prosecution for fraud or a disqualification hearing.
  • You Must Cooperate

    You must provide information the agency requests to determine your eligibility. If you refuse to cooperate with any review of your eligibility, including reviews by Quality Control, your benefits may be denied or stopped until you cooperate. Your signature authorizes the release to the agency of all information needed to determine eligibility. It also authorizes the release of any medical or psychological information obtained from any source to the Social Security Administration, or to the state or local agency that may review your application for financial or medical assistance.
So, if you truly do not know who the child's father is, but you provide the agency with all information you have and cooperate fully in attempting to ascertain the father's identity, you have not broken these obligations.

I do not believe there is any law that disqualifies you from services simply because you honestly do not know who the father is. If they find out that you have been dishonest, they can disqualify or sanction you.

Edited by Steven Kincaid on 10/1/2010 at 7:27 PM EST
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