If you are using sperm donation to have a child, you may be somewhat concerned about the relationship between the child and the donor. From a technical standpoint, the sperm donor would biologically be your child’s parent. In fact, this is why people are often very involved in the process of screening and selecting a sperm donor. They want to know about things like the person’s medical history to decide who is a good candidate, as those traits could be passed to their child.
But does that mean that the sperm donor retains any of these parental rights? For instance, if they wanted to meet the child in the future, would they have a right to do so even if you were against it?
Donors waive their parental rights
Generally speaking, a sperm donor does not have any claim to parentage. They have to waive or terminate these rights when providing the sperm donation. This is done through the paperwork that they sign when they donate sperm to a licensed sperm bank or a licensed physician or surgeon.
In some cases, people decide to conceive without using sexual intercourse, and they have their own written agreement for the process. In other words, a licensed sperm bank may not be used. But even for those who do this, Section 7613(b) of the Family Code says that they must have a written agreement that they have both signed. This agreement will also waive the sperm donor’s parental rights.
The legal process
In other words, you typically do not have to worry about a sperm donor trying to meet the child or claiming to be their parent or having specific rights in the future. But it is important to understand how this legal process works and to make sure that all of the correct paperwork is in place in advance.