As the law varies from state to state, the definition of legal parentage is applied differently, which may impact how the law applies to known donors.
In Pennsylvania, a genetic link to a child can be a determining factor in parentage and may require legal action to ensure legal parentage to avoid unexpected consequences of the donation.
As the birth certificate is only an administrative document, a sperm donor agreement, as well as an adoption decree, may be necessary to ensure that the donor’s parental rights are terminated, avoiding parental custodial rights to the child, and any legal obligation of support.
As Pennsylvania courts have recognized donor agreements, even if you go through a fertility doctor, an agreement is still essential before you proceed in assisted means of reproduction. One area that is clear in Pennsylvania is that continued and future contact with a donor after the birth of the child can create ramifications as to legal parentage, creating an unexpected consequence of such an arrangement. Therefore, identifying the donor’s role is a crucial step in the process to identify the rights of the intended parents as to custody, child support, inheritance, etc. as well as terminating any rights of a known donor under the law.
When dealing with legal issues as a result of infertility, you should speak to an attorney experienced in the knowledge of Assisted Reproductive Technology Law as well as Family or Estate Planning Law, as all of these potential legal issues may be applicable to your personal situation and understanding the law and your options is paramount in the forefront of your journey.
heARTbeat is a publication of KingSpry’s Adoption Law and Assisted Reproductive Technology Law Practice Group. It is meant to be informational and does not constitute legal advice.
