California laws contain forms that are used to indicate the intentions of parents and donors. California lawmakers and lawyers advise parents and donors to sign these forms before conception. A: At first, you both have to decide whether he will be a legal father or a legal sperm donor. Legal fathers have the right to joint custody and visit with their children, and they also have a legal obligation to contribute to the financial assistance of their children. Donors have neither the rights nor the duties of fathers. If you want to be able to enforce your donor`s promise to contribute to your child`s education, he or she must be a father; But if he is a father, he will have the right to go to court to seek more time with the child than you would like. You need to seek the advice of a lawyer to find out what is best. Q: If I have a written contract with my sperm donor, will it prevent him from having legal rights over my child? First, the recipient donor fills out the application forms and comes to a first appointment. This appointment can last about an hour, during which a consultation, a semen analysis and the first infectious disease tests take place. Infectious disease tests are prescribed by law and include: HIV-1/2, anti-HTLV-I/II, anti-HCV, Anti-HBc, HBsAg, RPR (Syphilis), CMV (cytomegalevirus), Chlamydia Trachomatis, and Neisseria gonorrhea. The type of blood from the donor is an important factor and it is also determined at this stage. Even if a licensed physician is not involved in the insemination, the donor is still not found as a parent if, in a pre-conception signed handwriting, the donor and the woman agree that the donor will not be a parent or (2) a court finds, through clear and convincing evidence, that the woman and donor were agreed orally prior to conception that the donor will not be a parent. Fam C 7613 (b) (2).
A: Written sperm donation contracts perform several important functions, with the exception of determining the legal status of your donor: A: California law was amended in early 2016, to provide that a man who donates his sperm to be used in assisted reproduction (i.e. not by sex) under a written contract of sperm donation signed by all parties prior to conception is subject to legal treatment, as if he were not the child`s natural father (family code, section 7613 (b) (A)). So in California, if you have a written agreement with your sperm donor that clearly explains your mutual intentions, that he is a donor and not a father, and that the agreement is signed before you try to get pregnant. This will prevent you from finding your donor as the legal father of your child. The directed donor then gives semen samples to the FCC for a period of approximately 2 to 3 weeks. Two to three days of abstinence between the production of samples must be maintained. Q: If I have a contract with my donor, which we both sign before my baby is conceived, will he legally be a sperm donor, even if we get pregnant through sex and not by artificial insemination? The law has not caught up with society and technology in this area, which sometimes makes it a difficult legal issue. Making a baby in the traditional way was usually only a woman, a man and a bottle of tequila.
There is now a whole series of medical interventions and contractual arrangements to create families in a new way. In addition, single-parent families, same-sex parents and mixed families are much more common, which changes the guesswork about family and parenthood. Surrogacy gestational agreements that cross national and state borders have recently made headlines, but it is the collapse of Jason Patric`s sperm donation arrangement that actually has the potential to change California law.