Southern California Family Law Attorney Blog

Being unable to conceive a child can be a devastating event for any couple, and there are fortunately other medical options for those who can afford them. In California and many other states, couples have the opportunity to try artificial insemination or in vitro fertilization to increase the chances they are able to conceive a child. If the couple breaks up in the future, the laws regarding paternity rights for sperm donors may be a little murky, and a recent case has sparked new interest in the topic of child custody in these situations.

After conceiving a child with his girlfriend through artificial insemination, a California man feels he should have custody rights even though the couple broke up. The girlfriend claims he never intended to be involved in the child’s life, while the man disagrees and claims he always intended to be a father regardless of the status of the relationship.

The case has inspired a bill in the legislature that attempts to redefine the rights of sperm donors. In the new bill, which has been put on hold by the legislature, sperm donors would have the right to ask for parental rights if they can prove a certain level of involvement in the life of the child.

Supporters of the bill feel it strikes the balance of addressing paternal right while protecting mothers, while opponents feel the bill is still not defined clearly enough. Lawmakers have expressed commitment to ensuring that the bill passes in a way that clearly defines the rights of the father in future situations.

Source: The Sacramento Bee, “California paternity-rights bill on hold,” Laura Olson, August 13, 2013