How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger, Attorney
Category: Family Law
Satisfied Customers: 31781
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Family Law Question Here...
Roger is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years 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.