Blog

Arkansas Supreme Court Reverses and Dismisses Lower Court Ruling That Declared Portions of an Arkansas Birth Certificate Statute Unconstitutional Which Would Have Recognized Both Same-Sex Parents on a Birth Certificate for a Child Conceived Through Artificial Insemination With an Anonymous Sperm Donor

A recent Arkansas Supreme Court opinion, reversed and dismissed a lower court ruling regarding the procedure for issuing birth certificates reflecting the names of both same-sex parents when one parent conceives a child using an anonymous sperm donor.

While the same-sex couples were successful in obtaining their birth certificates (because that part of the lower court decision was apparently not appealed), the Supreme Court of Arkansas reversed and dismissed the lower court’s holding that the Arkansas Statutes were unconstitutional because the Statute allowed a husband of a wife artificially inseminated to be automatically named a father on their child’s birth certificate; however, the statute did not afford the same treatment to same-sex female couples whereby one of the parents is artificially inseminated.

 

Subscribe to our mailing list

* indicates required

Blog

Evolution of Sperm Donation Suggested Uniform Laws

This linked article is a dire warning to not pursue artificial insemination without retaining a knowledgeable attorney first and then a competent and knowledgeable medical provider.    If the laws are not precisely followed, a single mother conceiving a child with the intent to be a child’s sole legal parent can be shockingly disappointed when she learns that an identified sperm donor may be able to claim paternity as also discussed here.

The above linked article provides a nice summary of the evolution of suggested uniform laws (ie., suggested laws for legislatures to consider enacting in their home states) on sperm donation first developed by the National Conference of Commissioners on Uniform State Laws as follows:

(a) In 1973, the Uniform Parentage Act [UPA-1973];

(b) In 1988, the Uniform Status of Children of Assisted Conception Act [USCACA-1988];

(c) In 2000, the withdrawing of the USCACA-1988 and implementation of a newer version of the UPA [UPA-2000]; and

(d) in 2002, the amending of the UPA [UPA-2002].

The above evolution starts with a framework for treatment of husbands whose wives are artificially inseminated through the process detailed under UPA-1973 and then evolves to include a suggested uniform law for the treatment of unmarried male partners whose female partners conceive a child with donor sperm under the suggested framework of UPA-2002.

 

Clearly after reading these articles, it is critical that anyone considering starting or expanding a family through assisted reproductive technologies or artificial insemination retain an attorney first to comply with the laws precisely; the risks are too great.

 

Subscribe to our mailing list

* indicates required

Blog

Texas Court Rules for Legal Dad in Mom v. Non-Medical Artificial Insemination Dad Fight

A Texas lesbian mom who conceived her child with donor sperm from her friend through “nonmedical artificial insemination” was not successful in her fight to prevent the sperm donor dad from being recognized by Texas as the child’s legal father.  Apparently, the sperm donor dad provided a donation in a cup that was then used by mom for artificial insemination.  The court opinion held that “because father did not provide sperm to a licensed physician for the purpose of artificial insemination, we hold that father is not a donor as that term is defined in section 160.102(6) and therefore may be named as a parent” to the child.

Subscribe to our mailing list

* indicates required