Our Lawyers Are Leaders In Assisted Reproductive Technology Law

How can you prevent a sperm donor from claiming parental rights?

On Behalf of | Oct 18, 2024 | Sperm Donation Law

Sperm donation is fast becoming a popular option for individuals and married couples looking to grow their families. If you’re worried about a sperm donor claiming parental rights, it’s natural to have concerns about protecting your role as the legal parent.

In California, parental rights are determined by the courts and the family law statute. As such, it is important to understand how you can make sure that your sperm donor will not turn around and claim parental rights to your child. Here are three ways to better ensure this.

You must have a signed donor agreement before conception

One of the legal ways of preventing a sperm donor from claiming parental rights is by having a written agreement signed before conception. This agreement should clarify that the donor will not have any parental rights and that the child was conceived through assisted reproduction. California law provides standard forms that both the donor and birth parent can use to document this agreement, helping to establish the donor’s non-parental role and protect the legal parent’s rights.

You should have a clear oral agreement

Whether you have a written, signed agreement or not, it’s important to establish a clear oral understanding between you and the sperm donor regarding the nature of their role. Both parties should agree that the donor will not be legally considered a parent and that the child is being conceived through assisted reproduction. While an oral agreement may not carry the same legal weight as a written one, it can still be useful in demonstrating the intentions of both parties if the issue arises in court.

Consider using a sperm bank

Using a sperm bank can add a layer of protection against a sperm donor claiming parental rights. Sperm banks typically have strict protocols in place, including legal documentation that clearly outlines the donor’s lack of parental rights. This can provide peace of mind, as the process is more regulated and helps ensure that donors remain anonymous or have no legal standing as a parent.

To fully understand what could grant the donor parental rights and how to protect your legal standing, consider seeking legal guidance.

Archives

Categories