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Questions about Fertility Laws

Fertility tests are today a part of life. Through testing, the doctor can discover what is stopping the woman and her partner from conceiving. If a woman goes to a regular gynecologist then they may do some basic testing, and then be referred to a reproductive specialist. Fertility testing can involve both partners. The possibility of infertility can be unsettling for many and can cause frustration and friction. In turn, this can lead to disagreements and escalate into legal issues raising legal questions about fertility laws. When faced with such situations, many ask Family Lawyers on JustAnswer for Expert opinions and legal insight. Below are some of the most common questions on JustAnswer about fertility laws.

In Texas, if a couple is divorced can the woman use her ex husband’s sperm without consent?

There is no certain law that permits or prohibits this in Texas, however if the sperm belongs to the male, the woman is not allowed to use it without their consent. If the sperm were to be used, then the man would be liable for child support for the child/children born out of the sperm. Also, while there are many anonymous donors whose sperm may be used, doctors are not allowed to release someone’s sperm without their consent.

If a woman gets pregnant from artificial insemination, is there an agreement that can free the man from paying child support?

In most situations, as long as the sperm donor does not go to the court and request paternity, he would not be legally obligated to pay for child support or get child custody. If later on he decides to try and get custody then he can go before the court and petition for it, but if there is an agreement stipulating the rights and limitations, then it could be difficult. Make sure that the agreement is drawn up properly by an attorney and witnessed by a neutral third party. If you are facing artificial insemination due to fertility reasons and have legal questions, you can also ask Family Lawyers on JustAnswer for a second opinion or Expert inputs.

Can clinics provide sperm to a woman without husbands consent?

In most situations as long as the woman is of legal age, there is no law that states the clinic has to have the husband’s consent for medical procedures. Also, if it is not the husband’s sperm then the clinic would not need his consent. If the husband acts as the child’s father, then in some cases if there was a divorce or separation, then the husband could still be held liable for child support.

Could someone sue a fertility clinic if they stated that the child belonged to the donor, but DNA testing proves that it wasn’t?

In most situations, if the clinic said that they were using a specific man’s sperm to fertilize the egg and it was proved that they did not, then they can be sued for breach of contract, fraud, malpractice as well as negligence. However, each individual situation can be different and it is important to evaluate all aspects of a case before conclusively determining liability. If you are unsure of your rights, you can ask a Family Lawyer on JustAnswer to evaluate the details of your case and provide legal insights and Expert opinion.

Is it illegal for a woman to take fertility pills in order to get pregnant without the husband’s knowledge?


Many couples have trouble in having children, either be on the males part or the females part. They may look for sperm donors, or egg donors, and some may take fertility pills to get over fertility issues. The laws on fertility can be a bit confusing and hard to understand. Family Lawyers on JustAnswer can answer legal questions about fertility laws.
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