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(c) In 2000, the withdrawing of the USCACA-1988 and implementation of a newer version of the UPA [UPA-2000]; and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

 

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