Court Ruling Could Change Sperm Donors’ Parental Rights
Posted on May 20, 2014 3:17pm PDT
According to a California appellate court, a sperm donor has paternity rights when the donor clearly "has demonstrated a commitment to the child and the child's welfare". Last week's ruling came in the highly publicized child custody case between actor Jason Patric and an ex-girlfriend who conceived a now 4-year-old son through in vitro fertilization. Before this case, California's family laws did not acknowledge a sperm donor's paternity rights if he was not the mother's spouse. In fact, Patric's first paternity claim was originally dismissed because he was not married to the child's mother at that time, and they did not create a co-parenting agreement.
In this case, a court had to decide between two laws in California. One law said that a sperm donor does not have a father's rights, a legal provision that was made to protect donors from child support obligations down the road. Yet a second law states that a person can be the presumed natural parent of a child when that person "receives the child into his or her home and openly holds out the child as his or her natural child".
Back in 2008, the mother conceived through artificial insemination, with Patric as the sperm donor, after they had failed to conceive years earlier in their relationship. Then in 2012 Patric filed a paternity claim when the relationship with the mother soured and he was no longer allowed to see the child. The appeals court in this case sided with Patric by ruling that he had maintained a close relationship with the child, and that the ex-girlfriend was reported to have told the child that Patric was his "Dada". After this recent ruling in his favor, Patric will continue to pursue custodial and visitation rights.
Whereas the paternity rights of a sperm donor who is married to the mother are typically uncomplicated, courts across the country have produced wildly different rulings when it comes to unmarried sperm donors, child support obligations, and paternity rights. While California's case could certainly send changes throughout its own family laws, this case could be significant for paternity cases around the country, according to some legal experts.
One of the few constants in family law is that it is ever-changing. In the midst of these changes, if you are considering sperm donation or artificial insemination, or if you are fighting for your and your family's rights, it is vital that you work with a skilled legal advocate, someone who fully understands all the recent modifications in this legal field. Otherwise, you could be unaware of all your legal options, or of all the legal protections you need. Talk to a family attorney today to learn more about parental rights under current legislation.