Whatever the case in Kansas, regardless of the current state of Texas law, a potential sperm donor in Texas would be well advised to check with a lawyer before making a donation. The case of the Kansas sperm donor, who has to pay family allowances for not making donations through a doctor, would likely be different in Texas. Had the parties carried out artificial insemination through a medical practice, the father would have been a donor under the law and would not have been entitled to the rights of the parents. Fatherhood only became a problem when the child`s biological mother encountered financial and health problems and sought help from the state. The child`s “other mother” has no legal recognition in Kansas, so the state went after the sperm donor to claim a refund for state financial assistance. Q. Is there anything else they did wrong in this case, which made him considered a father and not a donor? The mother then married a woman and tried for her husband to adopt the child, claiming that the man was merely a sperm donor and that he had no parental right to challenge the adoption. The court contradicted and found the man to be the rightful father of the child and rejected the mother`s spouse`s application for adoption. The court also granted him access with the child and set out his obligations to raise children. You can read the full court decision here: caselaw.findlaw.com/tx-court-of-appeals/1752229.html The court based its decision on two legal provisions found in the Texas Family Code. First, the court considered section 160.702, which states that a “donor” is not a parent of a child conceived by assisted reproduction. In addition, the court considered the definition of a “donor” in section 160.102 (6), which defines a “donor” as an individual who makes sperm available to a licensed physician for assisted reproduction.
In the case of In Re P.S.bat a woman to her boyfriend to be a sperm donor so she can have a child. They accepted orally that he would be a donor, not a father, and he provided her with his sperm, which she then used to artificially fertilize herself. The child was born in August 2014. After the child was born, both signed a paternity form to have the child`s birth certificate on their birth certificate. Soon after, the birth mother attempted to recognize this recognition of paternity. Use this agreement on known donor insemination to outline the agreement between a biological mother and a sperm donor. This agreement allows the parties to define all aspects of the relationship, including how contact with the child will be managed in the future. These earlier cases, as well as the In re P.S. case in Fort Worth, represent the proposition that appels courts routinely refer to pre-ART agreements between parties. If this trend continues, an expert art lawyer could establish a spermatozole donor agreement that could be maintained to confirm that a donor is a mere donor and not a parent, even without a medical mediator or subsequent termination of the donor`s rights, if any.
However, given the in-re-P.S. It`s risky to rely on one deal. For those who prefer home insemination, the use of a written agreement confirming donor status rather than parental status reduces risk, at least to a lesser extent.