What are the Legal Implications of Conceiving a Child Through Artificial Insemination?

Posted April 12, 2011 in Family Law by Gina Policastri.

The California Family Code provides that if a woman is artificially inseminated with semen of a man who is not her husband, then her husband is treated as the legal father of the child conceived.  However, the insemination must have been conducted under the supervision of a licensed physician and surgeon and with the consent of the woman’s husband.

Likewise, under the California Family Code, a donor who provides semen to a licensed physician or to a licensed sperm bank for use in artificial insemination or in virtro fertilization of a woman (who is not the donor’s wife) is treated as if he was not the natural father of the child.

If you are considering trying to conceive a child through artificial insemination, it is important to realize that these rules only apply where the donor semen was provided to a licensed physician and the insemination was done under the supervision of the licensed physician.  If the semen is provided informally, the California law presumption does not apply.  This means that the semen donor can later establish his paternity of the child.

For more information about how to protect your parental rights, please contact us.  Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results.  While this post may include legal issues, it is not legal advice.  Use of this site does not create an attorney-client relationship.

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