Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Friday, January 5, 2007

Can Sperm Donors Be Prevented From Asserting Paternity?

Sperm donors typically have no interest in asserting parental rights in the children who result from the use of their donations -- donors are content with the free porn and nominal compensation ($30-$200).

Most states have statutes providing that a sperm donor is not a parent unless the donor and donee agree otherwise in writing or unless they are married.

The constitutionality of these statutes is now in question.  In a Kansas case, the donor, Daryl Hendrix, alleges that the applicable statute violates his constitutional rights as a parent, especially because the donor and donee, Samantha Harrington, were known to each other prior to the insemination.

The Kansas Supreme Court heard oral arguments on December 4, 2006 and a decision is expected in February 2007.

See Steve Fry, Court weighs parental rights, Topeka Capital-Journal, Dec. 5, 2006 & Joan Biskupic, Court weighs parental rights of sperm donors, USA Today, Jan. 5, 2007.


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