Many couples have non-traditional reproductive options. Whether they are both the same sex or one or both persons are not fertile, many couples are left with limited choices. They can adopt, but with the ever-decreasing number of adoptions each year, this is becoming a more expensive and less attainable choice over time.
They may choose to foster; however, this can be a complicated and challenging process that not all couples feel ready to take on in their lives. If a female member of the couple is fertile, many couples are left wondering then, who should we use as the sperm donor?
Clients of a skilled Alameda County adoption attorney often initially want to turn to either a close friend that they have known for many years and always admired, or a family member that seems like the closest genetic match to being able to have a child of your own.
From an emotional perspective, these choices may seem appropriate. From a legal standpoint, it is important to understand, if you use a known donor, there will always be the possibility that the donor will be able to gain rights as a parent.
This comes as a surprise to many couples who have received counseling and contracts provided by well-known and respected fertility centers which state the donor is waiving all rights to a be a parent of any kind. These contracts are often accompanied by a counseling session where the donor speaks with a counselor and then agrees that they will never have any rights as a parent.
The intended parents then also sign the contract stating that will have no rights to sue for child support or take any action against the donor. These contracts usually have Family Code § 7613 abbreviated on the page as follows: “a donor is not a parent if the sperm is provided by a licensed physician and surgeon or to a licensed sperm bank.” This leaves parents with the impression that donor is not a legal parent because they have complied with the statute.
This impression is incorrect, however, because compliance with the donor statute does not protect the parents from a claim for custody from the donor if they donor forms a bond with the child. The donor can bring a claim for custody under Family Code § 7611 claim which allows a person, who is not the legal parent to establish paternity if they “receives the child into his or her home and openly holds out the child as his or her natural child.”
I have seen this standard very loosely applied to allow donor who had only casual contact with the child to gain full custody of a young child. Parents need to be very careful never to allow a donor to acknowledge the child as their own, even if joking, and to not let friends or family refer to the donor as a parent.
Keeping the child away from the donor, especially while they are young, is of critical importance. If the donor is a close friend or relative, this may be impossible.
In sum, if you want to have a child that is truly your own, do not use a known donor in states like California.
Thanks to our friends and contributors from Summerall Law for their insight into known donors in California.
If you have questions about known donor in states like California in a divorce case, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona child custody and family law attorneys have over 100 years of combined experience successfully representing clients in child custody and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your Arizona child custody or family law case around today.
More Articles About Child Custody Laws in Arizona
- CHILD CUSTODY LAWS IN ARIZONA
- CHILD RELOCATION IS A MODIFICATION OF CHILD CUSTODY IN ARIZONA
- CALCULATING DISTANCE FOR CHILD RELOCATION IN ARIZONA
- CHANGE IN CIRCUMSTANCES FOR CHILD CUSTODY MODIFICATIONS IN ARIZONA
- EMERGENCY CHILD CUSTODY WHEN ARIZONA LACKS JURISDICTION
- HOW TO REGISTER A CHILD CUSTODY ORDER IN ARIZONA
- HOME STATE CUSTODY JURISDICTION WHEN A CHILD RELOCATES TO ARIZONA
- ARIZONA CHILD RELOCATION LAWS
- ARIZONA CHILD CUSTODY JURISDICTION: TEMPORARY VERSUS PERMANENT RELOCATIONS
- TEMPORARY VISITATION ORDERS FOR GRANDPARENTS IN ARIZONA
- CIRCUMSTANCES WHEN CHILD RELOCATION STATUTE DOES NOT APPLY IN ARIZONA
- SIGNIFICANT DOMESTIC VIOLENCE AND SOLE CUSTODY IN ARIZONA
- SIGNIFICANT DOMESTIC VIOLENCE AND CHILD CUSTODY MATTERS IN ARIZONA
- RAISING ALLEGATIONS THAT WERE RAISED IN A PRIOR ARIZONA CHILD CUSTODY CASE
- MULTI-STATE CHILD CUSTODY JURISDICTION IN ARIZONA
- SCHOOL CHOICE AND CHILD CUSTODY IN ARIZONA
- UNAUTHORIZED RELOCATION OF CHILDREN IN ARIZONA
- GRANDPARENTS CANNOT PREVENT CHILD RELOCATION IN ARIZONA
- WHEN ARIZONA’S CHILD RELOCATION STATUTE DOES NOT APPLY
- UCCJEA CHILD CUSTODY JURISDICTION IN ARIZONA
- MENTAL HEALTH RECORDS IN ARIZONA CHILD CUSTODY CASES
- FAILING TO ALLEGE A CHANGE IN CIRCUMSTANCES WHEN MODIFYING CHILD CUSTODY
- CHILD CUSTODY AND NARCISSISTIC PERSONALITY DISORDERS IN ARIZONA
- CHANGE IN CIRCUMSTANCES TO CHANGE CHILD CUSTODY IN ARIZONA
- MUTUAL ACTS OF DOMESTIC VIOLENCE AND CHILD CUSTODY IN ARIZONA
- PARENTING TIME WITH A NON-BIOLOGICAL CHILD IN ARIZONA
- WHEN A CHILD CUSTODY HEARING IS REQUIRED IN ARIZONA
- HOSTILE COMMUNICATIONS A BASIS TO MODIFY CHILD CUSTODY IN ARIZONA
- DUE PROCESS RIGHTS IN AN ARIZONA CHILD CUSTODY HEARING
- THIRD PARTY VISITATION WITH A CHILD IN ARIZONA
- SUITABLE NOTICE FOR AN ARIZONA CHILD CUSTODY HEARING
- MEANING OF HOME STATE JURISDICTION IN ARIZONA
- WHAT DOCTORS SHOULD KNOW ABOUT CHILD CUSTODY IN ARIZONA
- WITHHOLDING CHILDREN FROM A CUSTODIAL PARENT IN ARIZONA
- THE BEST CHILD CUSTODY LAWYER IN ARIZONA
- FALSE ALLEGATIONS OF CHILD ABUSE IN A CHILD CUSTODY CASE
- WHO GETS CUSTODY OF THE CHILDREN WHEN A DIVORCE IS FILED IN ARIZONA
- WHAT VISITATION OR PARENTING TIME SCHEDULES CAN JUDGES ORDER IN ARIZONA
- WHAT IS JOINT LEGAL CUSTODY AND JOINT LEGAL DECISION MAKING IN ARIZONA
- WHAT IS A PARENTING COORDINATOR IN AN ARIZONA CHILD CUSTODY CASE
- WHAT IS A CHILD CUSTODY EVALUATION IN ARIZONA
- WHAT HAPPENS IF A PARENT WANTS TO MOVE OUT OF STATE WITH A CHILD IN ARIZONA
- WHAT ARE THE CHILD CUSTODY FACTORS IN ARIZONA
- TEMPORARY CHILD CUSTODY IN ARIZONA
- RESTRICTIONS IN ARIZONA ON TAKING CHILDREN TO ANOTHER COUNTRY
- PRESUMPTION OF EQUAL PARENTING TIME IN ARIZONA
- DOMESTIC VIOLENCE PRESUMPTION IN ARIZONA CHILD CUSTODY CASES
- PREPARING FOR AN ARIZONA CHILD CUSTODY EVALUATION
- PARENTING TIME AFTER LOSING AN ORDER OF PROTECTION HEARING IN ARIZONA
- PARENTAL ALIENATION IN ARIZONA CHILD CUSTODY CASES
- PARENT INFORMATION PROGRAM CLASS IN ARIZONA
- LIMITS ON MOVING CHILDREN MULTIPLE TIMES IN ARIZONA
- JOINT CUSTODY AND SCHOOL DECISIONS IN ARIZONA
- HOW TO GET SOLE CUSTODY OF CHILDREN IN ARIZONA
- HOW TO ENFORCE PARENTING TIME IN ARIZONA
- HOW TO CHANGE A CHILD’S LAST NAME IN ARIZONA
- HOW TO MODIFY VISITATION OR PARENTING TIME IN ARIZONA
- GRANDPARENT CUSTODY AND VISITATION RIGHTS IN ARIZONA
- GETTING EMERGENCY CHILD CUSTODY ORDERS IN ARIZONA
- ENFORCING VISITATION AS A NON-CUSTODIAL PARENT
- DO COURTS FAVOR MOTHERS IN CUSTODY BATTLES
- ARIZONA COURTS CANNOT DELEGATE CHILD CUSTODY DETERMINATIONS TO AN EXPERT
- CONTESTING RELOCATION OF A CHILD WHEN YOU DO NOT LIVE IN ARIZONA
- CO-PARENTING AFTER DIVORCE
- CHANGING A CHILD’S LAST NAME IN ARIZONA
- CAN A PARENT WITH SOLE CUSTODY LIMIT ACCESS TO A CHILD’S MEDICAL RECORDS
- CAN A GRANDPARENT OR STEPPARENT BE AWARDED CHILD CUSTODY IN ARIZONA
- AFFIDAVITS IN ARIZONA CHILD CUSTODY CASES
- 5 THINGS TO KNOW ABOUT A BEST INTEREST ATTORNEY IN ARIZONA
- WITNESS PREPARATION IN ARIZONA DIVORCE AND CHILD CUSTODY CASES
- EFFECT OF CORONAVIRUS ON CHILD CUSTODY AND VISITATION ORDERS
- TEMPORARY ORDERS FOR GRANDPARENT VISITATION IN ARIZONA
- CAN A STEPPARENT BE HELD IN CONTEMPT FOR WRONGFUL DENIAL OF VISITATION IN ARIZONA
- INTERNATIONAL CHILD ABDUCTION AND CHILD CUSTODY IN ARIZONA
- CHILD ABUSE AND CHILD CUSTODY IN ARIZONA
- FREQUENTLY ASKED QUESTIONS ABOUT CHILD CUSTODY LAWS IN ARIZONA
- CUSTODY OF THE FAMILY PET IN A DIVORCE IN ARIZONA
- HOW TO GET CUSTODY OF A CHILD IN AN ARIZONA DEPENDENCY CASE
- JUDGES CANNOT REQUIRE A CHILD TO SEE A THERAPIST IN AN ARIZONA CUSTODY DISPUTE
- CALCULATING CHILD SUPPORT WITH SPLIT CUSTODY IN ARIZONA
- EXCLUDING EVIDENCE DISCLOSED LATE IN A CHILD CUSTODY CASE IN ARIZONA
- HEARING REQUIRED BEFORE DECLINING CHILD CUSTODY JURISDICTION IN ARIZONA
- FILING A LATE OBJECTION TO CHILD RELOCATION NOTICE IN ARIZONA
- CAN VISITATION WITH A CHILD BE REDUCED WITHOUT PRIOR NOTICE IN ARIZONA
- WHEN FINDINGS OF FACT ARE NOT REQUIRED IN AN ARIZONA CHILD CUSTODY CASE
- FINAL DECISION-MAKING AUTHORITY IN ARIZONA
- HOW TO PREPARE FOR A CHILD CUSTODY HEARING IN ARIZONA
- IMPORTANCE OF MEDIATING CHILD CUSTODY ISSUES IN A DIVORCE IN ARIZONA
- CHANGING CHILD CUSTODY IN ARIZONA WHEN A PARENT RELOCATES TO ANOTHER STATE
- WHAT IS A THERAPEUTIC INTERVENTIONIST IN ARIZONA
- DISMISSAL OF A PETITION TO MODIFY CHILD CUSTODY IN ARIZONA
- CAN A BEST INTEREST ATTORNEY TESTIFY AT A CHILD CUSTODY TRIAL IN ARIZONA
- CHILD CUSTODY AND CRIMINAL RECORDS IN ARIZONA
- FATHER AWARDED CUSTODY ON MOTHER’S MOTION TO MODIFY IN ARIZONA
- HOW TO PREPARE FOR A CHILD CUSTODY CASE IN ARIZONA
- CO-PARENTING WITH YOUR EX IN ARIZONA
- THIRD PARTY SEEKING EMERGENCY CHILD CUSTODY IN ARIZONA
- RIGHT OF FIRST REFUSAL IN ARIZONA
- SOLE LEGAL CUSTODY OVER MEDICAL DECISIONS IN ARIZONA
- SAME-SEX MARRIAGE AND CHILD CUSTODY IN ARIZONA
- FAILING TO APPEAR FOR A CHILD CUSTODY HEARING IN ARIZONA
- PROHIBITING CONSUMPTION OF ALCOHOL AS A CONDITION OF PARENTING TIME
- JURISDICTION IS NECESSARY TO PETITION FOR VISITATION IN ARIZONA
- JURISDICTION FOR DEPENDENCY CASES IN ARIZONA
- DOMESTIC VIOLENCE AND PARENTING TIME IN ARIZONA
- GUIDELINES FOR SUPERVISED PARENTING TIME IN ARIZONA
- EXCLUDING TESTIMONY IN AN ARIZONA CHILD CUSTODY CASE
- RIGHT OF A GUARDIAN AD LITEM TO BE HEARD IN AN ARIZONA CHILD CUSTODY CASE
- CHANGING PARENTING TIME WHEN CHILDREN CHANGE SCHOOLS
- APPEALING DEPENDENCY ORDERS IN ARIZONA
- RIGHT TO NOTICE AND AN EVIDENTIARY HEARING IN AN ARIZONA CHILD CUSTODY CASE
- HABEAS CORPUS IN AN ARIZONA CHILD CUSTODY CASE
- JURISDICTION OVER A MINOR CHILD RESIDING OUTSIDE THE STATE OF ARIZONA
- DENIAL OF ADDITIONAL TIME TO PRESENT EVIDENCE IN AN ARIZONA CHILD CUSTODY CASE
- PARENTING PLANS IN ARIZONA DIVORCE AND CHILD CUSTODY CASES
- VISITATION RIGHTS OF A PERSON STANDING IN LOCO PARENTIS TO A CHILD IN ARIZONA
- MODIFICATION OF CHILD CUSTODY AND CHILD ABDUCTION IN ARIZONA
- TEMPORARY CHILD CUSTODY ORDERS IN AN ARIZONA DIVORCE DECREE
- CAN A STEPPARENT OBTAIN CHILD CUSTODY RIGHTS IN ARIZONA
- IN LOCO PARENTIS VISITATION WITH A CHILD BY A STEPPARENT IN ARIZONA
- BEST INTEREST STANDARD FOR THIRD PARTY CHILD CUSTODY IN ARIZONA
- ARIZONA CHILD CUSTODY DECISIONS CANNOT BE DELEGATED TO AN EXPERT
- USE OF THE UCCJEA IN DEPENDENCY CASES IN ARIZONA
- ARIZONA UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT STATUTES
- WHAT HAPPENS WHEN ONLY ONE SPOUSE ADOPTS A CHILD IN ARIZONA
About the Author: Chris Hildebrand has over 26 years of Arizona family law experience and received awards from US News and World Report, Phoenix Magazine, Arizona Foothills Magazine and others. Visit https://www.hildebrandlaw.com.