Sperm Donors – Beware!

A sperm donor in Kansas, who claims he waived his parental rights in a contract with the birth mother, was found to be the presumptive father of the child, and therefore ordered to pay child support.  In the Kansas case, the donor failed to “secure the services of a physician during the artificial insemination process.”  To read more, click here.

In California, the donor is “treated in law as if he were not the natural parent” if the donor utilizes a licensed physician or sperm bank.  See Family Code Section 7613.  But if the donor does not comply with the statute, he may be found to be the father and thus liable for support.  See Jhordan C. v. Mary K. (1986) 179 Cal. App. 3d 386.

If you are considering either assisting a friend increase the size of their family or someone seeking a sperm donation, be sure to speak to an experienced family law attorney who can explain everyone’s rights and help ensure you achieve the result you want.