legal issues of artificial insemination

I was wondering if anyone knows the legal issues and documents that should be signed by the donating party to prevent later situations from happening. My concerns are the possiblility to seek child custody and/or visitation. I would appreciate some sort of insight on the legal documents that would prevent such action from taking place. I don't know if the request for the donor to relinquish or terminate his parental rights is the correct way to handle this. All parties involved have agreed that the insemination will take place and that the donating party will not be obligated in the support of this child. I would just like to make this a permanent agreement and know that I have some kind of documentation of the agreement. I will appreciate all the advice I can get. Thank-you in advance.

You might find something form nolo press, but I think that the termination of parental rights is the best general thing you can do.

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Your BEST protection is to buy from a sperm bank. Sperm bank donors have no way of knowing if they have any kids, let alone who the mothers are.

If you insist on going private, see a lawyer to draw up the contract. I don't know if it will be enforceable, though. Some states won't enforce these contracts as a matter of public policy (parents should be on the hook for CS and should get visitation). Some enforce the contract (consenting adults can decide these things for themselves). What happens if one biological parent moves to a state that has different laws?

The law is constantly changing. The courts make one law, the legislature responds by passing a statute, the courts interpret the statute..... Do you see a little "Danger - minefield ahead" sign yet?

Hiring a lawyer to research this area of law will cost you more than paying the sperm bank fees. Also, if you're the person who wanted to use the 17-yr old donor, no contract he signs will be enforceable, whether his parents support his decision or not. If he changes his mind in 5 years, the courts WILL let him sue for visitation/custody.

Termination of parental rights is probably the best bet if you insist on going private. Check with a lawyer to see if this suit can be brought by a private party and if it can be brought pre-natally.

Good luck.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 24, 2000).]