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Family

Apr. 10, 2013

Parental rights for sperm donors in California?

A second look at the Senate Bill 115 reveals that the amendment, however unintentionally, would expose women to unwanted paternity claims.

Lisa P. Sutton

Associate, Wasser, Cooperman & Carter PC

It's a mother's nightmare: an unforeseen paternity claim by her sperm donor years after the child's birth. Yet under current California law, it's a nightmare that rarely becomes reality. Family Code Section 7613(b) provides that a man who donates his sperm to a woman who is not his wife, and who has not agreed to co-parent in a pre-conception writing, cannot later be deemed the child's natural father. For a gay woman who decides to become a parent, either as a single woman or with her unma...

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