What are legal facts about using a sperm donor in the USA?
Each state in the USA has its own set of regulating laws, making the situation regarding Assisted Reproduction Techniques and LGTB Parenting very complex.
No law regulates sperm donation in the United States. The Association Society for Reproductive Medicine publishes guidelines, but they are not enforceable by law. Sperm donors in the US can be either anonymous or known.
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How can I donate sperm in the USA?
The legal rights of sperm donors in the USA is an evolving area, with different outcomes in legal cases across different states. The courts are constantly changing their decisions, so it is very important to consult a lawyer who is familiar and up to date with state laws concerning sperm donor rights.
What are the parental rights for a known sperm donor in USA?
Generally a known sperm donor does not have any parental obligations but there are some exceptions to this rule. In most states, a sperm donor automatically gives up his rights as a parent. Of the states that offer such protections, most of them say that if the sperm donor uses artificial insemination and is not the mother's husband, then the donor has no right, obligation or interest with respect to a child born as a result of the artificial insemination and the child born as a result of the artificial insemination has no right, obligation or interest with respect to the donor.
Some US states offer no protections at all. There was a case in Pennsylvania that forced a sperm donor to pay child support for the child he created, even though the mother was married to someone else at the time of insemination.
If the insemination process is done through a licensed clinic as opposed to home insemination your parental rights will more than likely be relinquished. So if you wish to donate sperm and want no obligations to the resulting child, you should always donate through a licensed clinic.
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Anonymous sperm donors using a sperm bank in the USA
Anonymous sperm donation through a sperm bank is allowed in almost every state. Your anonymity and waiver of rights/obligations will usually be upheld. Some states do have laws that allow children of anonymous sperm donors to learn the identity of their genetic father when they turn 18 or 21 years old so check with your sperm bank before you proceed.
Legal contracts for sperm donors in the USA
Many courts dealing with sperm donors relinquishing parental rights find them unenforceable. Even if you and the mother of the child have a carefully written contract that says you will not have to pay any child support, the courts may very well throw out the contract in court, and force full parental obligations on you.
The court can however look to the contract to determine both parties’ intentions, so it is still a good idea to have a written contract instead of just an oral agreement.
Recognised USA State Laws for Known Sperm Donor's
California: If you go through a licensed clinic then the sperm donor automatically loses all claim to the child.
Oregon: Same law as California.
Florida: Sperm donors’ rights/obligations to the child are relinquished, even if the insemination is not done through a licensed clinic. The courts will look to any written contracts in determining the parties' intent on the role of the donor.
Pennsylvania: Any insemination performed outside a licensed clinic will mean the donor will automatically be considered the father of the child, with all the according rights and responsibilities.
New York: Contracts regarding sperm donation between a couple and a donor are generally unenforcable, and the court will only look at the best interests of the child in determining the rights and duties of the donor.
LGBT Parenting in USA
LGTB parenting rights vary greatly from state to state. All individuals, regardless of their sexual orientation or marital status, have a fundamental right to reproductive freedom in the United States.
Gay men & lesbians have equal access to healthcare and reproductive rights see nclrights.org.
Sperm donors and sperm recipients are advised to seek legal counsel before any insemination takes place and, where it is possible establish a co-parenting agreement before the birth of the child.
Co-parenting Law in USA
Laws vary from state to state so a parenting agreement should be established to protect the rights of a second parent who is not the biological mother or father of the child if he/she is not recognized as a legal parent.
For useful information check out: hrc.org
For more detailed information on co-parenting and sperm donation laws please visit our legalities section.
There are thousands of sperm donors in the USA who are waiting to help you make your dream of becoming a parent into reality. We have a great selection of sperm donors across the USA so no matter which US state you live we have sperm donors who are willing to donate to you right now!
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