Do Sperm Donors Have Parental Rights? [California Family Code Sections 7611 and 7613]

Sperm Donor Parental Rights

Call a Wallin & Klarich Family Law Attorney if you have questions about parental rights.

In today’s world, it is not uncommon for a woman to have a child that was conceived through artificial insemination. In these types of situations, the sperm donor can be an anonymous stranger or a friend or acquaintance to the woman seeking to have a child. If you were a sperm donor and are looking to establish your parental rights, you need to speak with a Wallin & Klarich family law attorney who can help you today.

Current California Law on Parental Rights

California Family Code section 7611(b) states that a man is presumed to be the natural father of a child if he receives the child into his home and openly holds out the child as his natural child. Therefore, even in situations where the man is not the biological father of the child, if he welcomes the child into his home and publicly and explicitly holds out the child as his own, then this man—who is not the biological father—can be presumed to the be the natural father of the child; and thus gain parental rights, which includes legal and physical custody rights of the child.

However, under California Family Code section 7613(b), the donor of semen provided to a licensed physician or to a licensed sperm bank for use in artificial insemination is treated as if he were not the natural father of the child under the law. Therefore, the sperm donor would not have any parental rights.

Based on these two Family Code statutes, the known sperm donor cannot establish legal parentage of the child, even if the sperm donor receives the child into his home and openly holds out the child as his natural child after the child is born.

California Senate Bill 115

Senate Bill 115 intends to allow sperm donors to establish their legal parentage of their biological child when they have established a parent-child relationship. Only a sperm donor who has established a relationship with his biological child that was conceived through artificial insemination will be allowed to seek parentage orders in California. Thus, Senate Bill 115 strives to fix the problem that Family Code sections 7611(b) and 7611(b) creates.

Under Senate Bill 115, if a sperm donor wants to establish a parent-child relationship with his biological child through artificial insemination, they must have the consent and acknowledgement of the mother. If the mother does not want the sperm donor to have a parental relationship with her child, then she must either use an anonymous sperm donor who has waived his parental rights or not allow the known sperm donor an opportunity to establish a parent-child relationship.

How We Can Help You

If you were a sperm donor who has established a parental relationship with the child that was conceived through artificial insemination and the mother is denying you your parental rights, then it is crucial that you speak with an experienced and skilled Wallin & Klarich family law attorney. Our attorneys can give you the proper advice and help you establish legal parentage of your child. We have been practicing family law for over 30 years and can help you now.

Call us today at (888) 749-7428. Wallin & Klarich has offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance, and Sherman Oaks. We will be there when you call.

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    Paul Wallin is the senior managing partner at Wallin & Klarich. With over thirty years of experience handling many types of criminal defense cases, Paul Wallin has a tremendous amount of knowledge when advocating for his client´s rights. Paul Wallin prides himself in going the extra mile to put his clients at ease especially when they are facing allegations of criminal misconduct and are stressing over it. Many have trusted Paul Wallin and his team at Wallin & Klarich to assist them in their darkest hour.

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