Wills, Trusts & Estates Prof Blog

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

Saturday, June 1, 2013

Sperm Donor Has No Parental Rights

GavelRecently, a court in Florida addressed whether a sperm donor who donated sperm the "do-it-yourself" way, is entitled to receive parental rights. A.A.B and S.C. were in a serious relationship. They wanted to have a child so they asked S.C.'s brother, B.O.C., to be the sperm donor. B.O.C. did donate his sperm to impregnate A.A.B. after three tries the "do-it-yourself" way. However, a few years later A.A.B and S.C. had a bitter break up and A.A.B. refused to allow S.C. to see the child. Subsequently, B.O.C filed a cause of action to determine paternity and visitation.

In A.A.B. V. B.O.C.,Jr., the court held that the fact that the sperm donor conceived the child the old fashioned way did not automatically rule out the use of section 742.14 that the donor of sperm shall relinquish all parental rights. The court explained that there was an agreement that B.O.C. would only be the sperm donor. Even though there was no written contract, all of the parties agreed to the terms for over five years. Therefore, A.A.B and B.O.C. were not a "commissioning couple". As a result, because the facts indicate that B.O.C was only a sperm donor he does not have any parental rights to the child. 

A.A.B. V. B.O.C.,Jr., 2D11-6273 (Fla. 2d DCA 2013).

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.

https://lawprofessors.typepad.com/trusts_estates_prof/2013/06/sperm-donor-has-no-parental-rights.html

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