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US Sperm Donation Laws by State Hot

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Written by BethG     October 04, 2012    
 
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A list of state statues and family law code that address assisted reproduction and paternity laws by state. 

Sperm Donation Laws

Below is a a list of state statues and family law code that address assisted reproduction and paternity laws by state.

IMPORTANT: This article is updated periodically as we are able, but may not be accurate or comprehensive for any state listed. Please consult a licensed attorney or contact the NCLR Legal Hotline for up to date information on state reproductive laws. 


Alabama

Under Alabama law, so long as the husband gives his consent in writing for the artificial insemination, then husband is treated as the natural father, and not the sperm donor. Ala. Code § 26-17-21 (1999). Alabama law does not specifically address the artificial insemination of an unmarried woman.

 

Alaska “A child, born to a married woman by means of artificial insemination performed by a licensed physician and consented to in writing by both spouses, is considered for all purposes the natural and legitimate child of both spouses.” Alaska Stat. § 25.20.045 (2009). Alaska law does not  pecifically address the artificial insemination of an unmarried woman.
Arizona Arizona law does not address sperm donation.
Arkansas Under Arkansas law, so long as the husband gives his consent in writing for the artificial insemination, then husband is treated as the natural father, and not the sperm donor. Ark. Code Ann. § 9-10-201 (a). The child born to an unmarried woman through artificial insemination is considered legally to be the child of the woman. Ark. Code Ann. § 9-10- 201(b).
California Under California law, so long as the husband gives his consent for the artificial insemination, and it is done by a licensed physician, then husband is treated as the natural father, and not the perm donor. California Family Code § 7613(a). In all cases, the sperm donor is not considered the legal father of any child born due to artificial insemination. California Family Code § 7613(b).
Colorado Under Colorado law, so long as the husband gives his consent for the artificial insemination, and it is done by a licensed physician, then husband is treated as the natural father, and not the  perm donor. Cob. Rev. Stat. § 19-4-106(1). In all cases, the sperm donor is not considered the legal father of any child born due to artificial insemination. Cob. Rev. Stat. § 19-4-106(2).
Connecticut Under Connecticut law, so long as the husband gives his consent for the artificial insemination, and it is does by a licensed physician, then husband is treated as the natural father, and not the sperm donor. Conn. Gen. Stat. § 45a-774. Connecticut law does not specifically address the artificial insemination of an unmarried woman.
Delaware Under Delaware law, when the husband consents to “assisted reproduction,” he is the legal father of the child. Del. Code. Ann. Tit 13, § 8-703. “Assisted reproduction” includes sperm donation. Del. Code. Ann. Tit 13, § 8-102(4). The sperm donor is not the legal father, unless he donated the sperm with the intent to become the parent of the child. Del. Code. Ann. Tit 13, § 8-702, 703.
District of Columbia Any person who consents to the artificial insemination of a woman with the intent of being the parent is conclusively the parent of the child. D.C. Code § 16-909(e)(1). The sperm donor is not considered the legal father of the child, unless the donor is the spouse or domestic partner of the woman, or has consented in writing to be the father. D.C. Code § 16-909(e)(2).
Florida Under Florida law, so long as the husband and wife consent, a child born of artificial insemination is the child of the couple. Fla. Stat. § 742.11(1). In all cases, the sperm donor is not considered the legal father of any child born due to artificial insemination. Fla. Stat. § 742.14. This includes the child born to a single mother. Lamaritata v. Lucas, 823 So. 2d 316 (FIa. Dist. Ct. App. 2002).
Georgia Georgia law provides that when a child is born in wedlock through artificial insemination, and both spouses have consented, then the child is legitimate, Ga, Code Ann. § 19-7- 21. There are no other provisions of Georgia law addressing sperm donation.
Hawaii Sperm donation is not addressed under Hawaii law.
Idaho Under Idaho law, so long as the husband gives his consent in writing for the artificial insemination, then husband is treated as the natural father. Ida ho Code Ann. § 39- 5405(3). In all cases, the sperm donor is not considered the legal father of any child born due to artificial insemination. Idaho Code Ann. § 38-5405(1).
Illinois If the husband consents to the artificial insemination of his wife then he is considered to be the father of the child. 750 III. Comp. Stat. 40/3(a). The sperm donor is not considered the legal father of the child, unless the donor is the spouse of the woman. 750 III. Comp. Stat. 40/3(b).
Indiana Sperm donation is not addressed under Indiana law.
Iowa Issues of parentage are not specifically addressed in Iowa law concerning artificial insemination.
Kansas Kansas statutory law provides that artificial insemination can be performed in the state with the written consent of the husband and wife. Kan. Stat. Ann. § 23-128. Kansas statutes also provide that a sperm donor who is not the husband of the woman inseminated is not considered the father of the child, unless there is a written agreement. Kan. Stat. Ann. § 38-1114(f). The Supreme Court of Kansas has interpreted this provision to hold that when a single woman has undergone artificial insemination, a written agreement is necessary in order to recognize the parental rights of the sperm donor. In the Interest of KMH and KCH, Crt. No.96,102 (Kansas October 26, 2007).
Kentucky Kentucky law does not address artificial insemination directly.
Louisiana Louisiana law provides that all sperm donations must be tested for HIV, except sperm donated by the husband to inseminate the wife. La. Rev. Stat. Ann. § 40:1062.1. Louisiana law does not address directly whether the sperm donor retains any rights in the child.
Maine Maine statutory law does not address artificial insemination directly. However, the Maine Supreme Judicial Court addressed the issue of whether an anonymous sperm donor was required to receive notice of a guardianship proceeding involving the child conceived with his sperm. The Court refused to hold that the definition of parent did not include an anonymous sperm donor under Maine law. But, the Court did hold that because the chances that notice by publication would actually reach the sperm donor were so remote, and because sperm donors tend to favor anonymity, that the trial court could waive the notice requirement when the father was an anonymous sperm donor. In re Guardianship of I.H., 2003 ME 130, 834 A.2d 922 (Me. 2003).
Maryland A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents. Md. Estates And Trusts Code Ann. § 1-206(b). Consent of the husband is presumed. Md. Estates And Trusts Code Ann. § 1-206(b).
Massachusetts A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents. Mass. Gen. Laws Ch. 46, § 4B.
Michigan Michigan law provides that all sperm donations must be tested for HIV. Mich. Comp. Laws § 333.16273. Michigan law does not address directly whether the sperm donor retains any rights in the child.
Minnesota A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents in writing. Minn. Stat. § 257.56 (1). In all cases, the sperm donor is not treated as the father. Minn. Stat. § 257.56 (2).
Mississippi Mississippi law does not address artificial insemination directly.
Missouri A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents. Mo. Rev. Stat. § 193.085(9).
Montana A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents in writing. Mont. Code Ann. § 40-6-106 (1). In all cases, the sperm donor is not treated as the father. Mont. Code Ann. § 40-6-106 (2).
Nebraska Nebraska law provides that a determination of paternity cannot be set aside if the father knew that the child was conceived through artificial insemination. Neb. Rev. Stat. § 43- 1412. 01.
Nevada A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents in writing. Nev. Rev. Stat. § 126.061 (1). In all cases, the sperm donor is not treated as the father. Nev. Rev. Stat. § 126.061 (2).
New Hampshire A sperm donor is not liable for child support provided he signs an agreement with the parties to that effect. N.H. Rev. Stat. Ann. § 168-B:11.
New Jersey A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents in writing. N.J.S.A. 9:17-44 (a). Unless the sperm donor has entered into an agreement with the mother otherwise, he is not treated as the father. N.J.S.A. 9:17-44 (b).
New Mexico Donors of sperm, eggs and embryos are not considered the legal parents in New Mexico. N.M. Stat. Ann. § 40-1 1A-702.
New York A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents in writing. N.Y. Dom. Rel. § 73.
North Carolina A child conceived through artificial insemination is the legal child of the husband and wife if both consent in writing. N.C. Gen. Stat. § 49A-1.
North Dakota “A man who provides sperm for, or consents to, assisted reproduction by a woman as provided in section 14-20-62 with the intent to be the parent of her child, is a parent of the resulting child.” N.D. Cent. Code § 14-20-61. The donor is not the parent. N.D. Cent. Code § 14-20-60.
Ohio Non-spousal artificial insemination can only occur if both the husband and wife consent. Ohio Rev. Code Ann. § 3111.92. If the husband consents, the husband is treated as the natural father of the child. Ohio Rev. Code Ann. § 3111.95(A). The sperm donor is not treated as the natural father. Ohio Rev. Code Ann. § 3111.95(B).
Oklahoma Artificial insemination must be performed by a licensed physician with the consent of both the husband and wife. OkIa. Stat. Tit. 10 § 551. The resulting child is treated as the natural child of the husband. OkIa. Stat. Tit. 10 § 552.
Oregon A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents. Or. Rev. Stat. § 109.243. In all cases, the sperm donor is not treated as the father. Or. Rev. Stat. § 109.239.
Pennsylvania Pennsylvania statutory law does not address sperm donation. However, in the case of Ferguson v. McKiernan, 940 A.2d 1236, (Pa. 2007), the Pennsylvania Supreme Court held that a man who was known to the mother, and provided sperm to her with an agreement that he would not be the father, was not required to pay child support. The Court likened the situation to anonymous sperm donation.
Rhode Island Rhode Island law does not address artificial insemination.
South Carolina South Carolina law does not address artificial insemination.
South Dakota South Dakota law does not address artificial insemination.
Tennessee A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents. Tenn. Code Ann. § 68-3-306.
Texas A donor is not considered the parent of a child born of assisted reproduction. Tx Family Code Ann. § 160-702. If the husband consents to assisted reproduction, or provides the sperm for artificial insemination, then the husband is the legal father. Tx Family Code Ann. § 160-703.
Utah A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents. Utah Code Ann. § 78B-15-702. In all cases, the sperm donor is not treated as the father. Utah Code Ann. § 78B-15-703.
Vermont Vermont law does not address artificial insemination.
Virginia The donor is not a parent of a child conceived through assisted conception. Va. Code § 20-158(3). The husband of the gestational mother is the legal father unless he did not consent to the assisted conception. Va. Code § 20-158(2).
Washington A donor is not considered the parent of a child born of assisted reproduction Wash. Rev. Code § 26.26.705. If the husband consents to assisted reproduction, or provides the sperm for artificial insemination, then the husband is the legal father. Wash. Rev. Code § 26.26.710.
West Virginia West Virginia law does not address artificial insemination.
Wisconsin A child conceived through artificial insemination is the legal child of the husband and wife if the husband consents. Wis. Stat. § 891-40(1). In all cases, the sperm donor is not treated as the father. Wis. Stat. § 891 -40(2).
Wyoming “A donor is not a parent of a child conceived by means of assisted reproduction.” Wyo. Stat. Ann. § 14-2-902. If the husband consents to assisted reproduction, or provides the sperm for artificial insemination, then the husband is the legal father. Wyo. Stat. Ann. § 14-2-903.

 


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