There are times when couples resort to assisted reproduction in order to have a child. Whether they opt for a sperm donor or or an ova donor, there are many key decisions that soon-to-be parents must make as they prepare for this new journey.
One question that often pops to mind, at least in relation to family law in CA, is how this might impact or influence parental rights, either at the point of birth or later down the line. Today’s post seeks to answer just that, where we’ll be looking into how parental rights work when assisted reproduction is part of the equation.
The Child’s Intended Parent is the Legally Recognized Parent
If parents opt for an ova donor, both intended parents must consent in order for them to be legally recognized by the California family law courts as the legal parents. This should be provided in a written format, and should include the consent of the biological mother as well.
When there isn’t a written agreement present, this doesn’t necessarily mean that the courts will dismiss any claims from the intended parents. On the contrary, if they find sufficient evidence that an agreement or arrangement was in place, they can move to recognize the intended parents as the legal parents of the child.
Donors and Parental Rights
For ova donors, if the recipient is not their partner or spouse, the law won’t automatically consider them as the legal parent. Likewise, sperm donors are not automatically considered the legal parents of a child if/when they donate to a sperm bank or physician. This also applies in cases where the courts find that there was an agreement between the intended parents and the donor.
Consult with a Family Law Attorney Today
Assisted reproduction can greatly complicate parental rights disputes, especially when there is no formal agreement in place and all involved parties are making conflicting allegations. This post is a quick overview of how the family law courts look at these types of issues, but for in-depth legal advice you need to consult with a qualified family law expert. Call us at the Law Offices of James P. White today at 925-271-0999 today to consult with our experienced family law attorneys.