Sperm Donor Not Father To Child For Social Security Benefits Purposes

In response to a question certified from federal district court, the Utah Supreme Court has held that a deceased husband who donated sperm to his wife prior to his death is not considered as the father of the resulting child for social security benefits purposes.

The sperm was donated because the husband was ungoing cancer treatments that rendered him sterile. The child was not conceived until after he had died from his cancer.

The court concluded that the signed agreement to donate the sperm did not establish the donor's consent to be treated as a father. (Mike Frisch)