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What Are the Possible Legal Issues Related to Sperm Donors?
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With the surnames of the parties redacted, the ruling notes that Christopher YY voluntarily, albeit informally, donated his sperm to Jessica ZZ and Nichole ZZ so that the women could have a baby. The ruling notes that Christopher waived any claims to paternity in a written agreement prior to the insemination, but he had a change of heart after the baby was born, petitioning for paternity once the child was 7 months old. Married couples generally enjoy protection from intrusive paternity tests through what is known as the presumption of legitimacy, but Judge Mulvey noted that this presumption can be rebutted. With a straight couple, a party can show for example that the husband did not have access to his wife at the time of conception. Lambda Legal staff counsel Beth Littrell also spoke about the shortfalls in the presumption rebuttal.
Sperm donor lied about criminal and mental health history, lawsuit alleges
Sperm donation is the provision by a man of his sperm with the intention that it be used in the artificial insemination or other 'fertility treatment' of a woman or women who are not his sexual partners in order that they may become pregnant by him. The man is known as a 'sperm donor' and the sperm he provides is known as 'donor sperm' because the intention is that the man will give up all legal rights to any child produced from his sperm, and will not be the legal father. However conception is achieved, the nature and course of the pregnancy will be the same as one achieved by sexual intercourse, and the sperm donor will be the biological father of every child born from his donations. Sperm donation enables a man to father a child for third-party women, and is therefore, categorized as a form of third party reproduction.
Sperm donation laws vary by country. Most countries have laws to cover sperm donations which, for example, place limits on how many children a sperm donor may give rise to, or which limit or prohibit the use of donor semen after the donor has died, or payment to sperm donors. Other laws may restrict use of donor sperm for in vitro fertilisation IVF treatment, which may itself be banned or restricted in some way, such as to married heterosexual couples, banning such treatment to single women or lesbian couples. Donated sperm may be used for insemination whether natural or artificial or as part of IVF treatment. Restrictions on sperm donations or the ability to obtain IVF treatment in some jurisdictions has given rise to women traveling to a country which does not impose restrictions in the circumstances in which they finds themselves to obtain such donations or treatments, in a practice called fertility tourism.