Sperm donation allows individuals and couples to conceive when natural conception isn’t an option. However, California law sets clear guidelines on the rights and responsibilities of donors and intended parents. Understanding these laws helps avoid legal complications.
Does a sperm donor have parental rights?
In California, sperm donors who donate through a licensed physician or sperm bank typically have no parental rights or responsibilities. The law considers them biological contributors, not legal parents. However, if the donation happens outside a medical setting, for example, by doing an at-home artificial insemination, the donor may have parental rights unless a written agreement states otherwise. Having sex with someone is never considered a sperm donation.
Can a donor seek custody or visitation?
A known sperm donor might try to establish custody or visitation rights if there’s no formal agreement waiving those rights. Courts consider factors like the donor’s involvement in the child’s life and any agreements between the parties. Intended parents should create a legal contract prior to conception to clarify parental roles.
What legal protections do intended parents have?
Intended parents using donor sperm should ensure all legal paperwork is in place before conception. A properly drafted sperm donor agreement prevents disputes and secures parental rights. California law supports assisted reproduction agreements, but informal arrangements can lead to legal challenges.
How do same-sex couples establish parentage?
Same-sex couples using donor sperm must follow specific legal steps to ensure both partners have parental rights. If one partner carries the pregnancy, the other may need to complete a second-parent adoption or obtain a court judgment establishing parentage. Proper legal documentation helps prevent issues in the future.
California’s laws generally favor intended parents, but legal agreements are key to avoiding disputes. Taking proactive legal steps ensures clear parental rights and responsibilities.