Paternity and Informal Sperm Donation

Understanding Informal Sperm Donation

Informal sperm donation, also known as peer-to-peer or known donor sperm donation, involves providing sperm outside regulated sperm banks or fertility clinics. This approach has grown since the 1990s, driven by affordability, online connectivity, and support for diverse families. However, it skips clinical safeguards, introducing legal, health, and emotional risks.

Key drivers include:

• Affordability: Sperm banks charge $1,000–$5,000 per vial, and clinic fees may add more on top of that; informal options are free or low-cost.
• Accessibility: Platforms like forums and apps connect donors and recipients directly.
• Personal Choice: Informal sperm donors can be chosen based on a wider variety of traits than banks routinely ask about, and may represent a broader cross-section of the population. The opportunity to discuss these things with a donor directly, or even meet him beforehand, may be important to some. Additionally, the donor can be known to the children / their parents from an earlier age than is possible with many banks, which often withhold the identity of the donor until the child turns 18, if they disclose it at all.

Always prioritize legal research, health screenings, and attorney consultation to mitigate risks.

Methods of Informal Sperm Donation

Common methods:

• Artificial Insemination (AI): At-home insemination using syringes and/or softcups, sometimes referred to as the "turkey baster method". Legally protected in some, but not all, jurisdictions; donors are often absolved of rights/responsibilities regarding the child if appropriate documentation can be provided.
• Natural Insemination (NI): Via intercourse. High-risk; rarely treated as donation except in select Canadian provinces with agreements.

Risks of Informal Sperm Donation

Without clinical oversight, risks include:

• Legal: There have been several cases of informal sperm donors being judged to be the legal parent of a child conceived by his donation. This can lead to child support claims against the donor or custody battles. The legal landscape is complex and varies by jurisdiction. In addition, the parental status of the non-gestating parent may be uncertain.
• Health: Informal sperm donors do not participate in the mandatory screening processes found at sperm banks, posing risks for the transmission of STIs and genetic conditions.
• Emotional: Attachment disputes, potentially escalating to custody battles, can arise if the donor's role in the child's life evolves or is unclear.

Mitigate with: STI/genetic tests, written agreements, and legal advice.

Legal Landscape of Informal Sperm Donation

Laws vary by jurisdiction, often favoring biology over intent without safeguards.

• Variations: Permissive states (e.g., CA, WA) recognize informal AI and define parentage in terms of intent rather than biology in these cases. Others (e.g., KS, NJ) define parentage in terms of biology and mandate the involvement of a licensed physician in order to absolve the donor of any rights or responsibilities over the resulting child and/or to establish the rights of the non-gestating parent.
• Biology vs. Intent: Even in jurisdictions with intent-based definitions of parentage, NI or poorly-documented AI risks donor parentage. Jurisdictions without clear intent-based parentage statutes are riskier still.
• Case Law: Shapes outcomes; see below.

Key Court Cases

Illustrative precedents:

• Jhordan C. v. Mary K. (1986, CA): Donor deemed parent without physician; highlights oversight needs.
• Marotta v. Kansas DSS (2012, KS): Craigslist donor liable for support sans physician involvement; stresses formalities.
• Yates v. Sorrell (2015, NJ): Donor wins visitation; physician required to terminate rights.
• Williams v. Vaughn (2023, OK): Donor gains custody post-relationship; dynamics override agreements.

The Uniform Parentage Act (UPA)

Many US states have adopted versions of the Uniform Parentage Act (UPA) to standardize parentage laws, including provisions for assisted reproduction. The UPA has evolved over time to better address the complexities of modern family structures and reproductive technologies.

UPA Version	Key Features	Adopting States (Examples)
1973	Physician required to absolve donors.	MO, OH, NJ, MT
2002	Intent-focused; less physician emphasis.	UT, ND, WY
2017	Fully intent-based; supports diverse families.	WA, HI, VT, MN

See UPA overview and 2002 text (p. 63).

Cross-State Challenges

Interstate moves or parties from different states create uncertainty in informal sperm donation, as no federal law governs parentage. Enforcement often relies on the Uniform Interstate Family Support Act (UIFSA), adopted in all states, which prioritizes child support orders but leaves donor exemptions ambiguous.

• Law Conflicts: States apply their own parentage rules; UIFSA ensures support/custody orders are recognized across borders (UIFSA Overview), but donor non-parentage may not transfer if the new state is restrictive.
• Choice of Law: Conception state's laws often govern, as in Warren County DSS v. Garrelts (NC Ct. App. 2021), where NC applied Virginia's permissive donor exemption for a child conceived there (20-868). Not binding nationwide; unsettled in many jurisdictions.
• Federal Gaps: No uniform U.S. law; Full Faith & Credit Clause aids judgments but not substantive parentage rules. Consult attorneys for multi-state risks.

Options in Non-Permissive Jurisdictions

In states requiring physician involvement (e.g., KS, NJ, MO) or prioritizing biology, informal donation risks donor parentage. Strategies include:

• Second-Parent Adoption: Non-birthing partner adopts to secure rights, often terminating donor's if consented. Required in many states for LGBTQ+ families; donor consent needed in MD/VA but not always DC. Consult local courts; costs $500–$2,000.
• Trusted Known Donor & Privacy: Select a reliable donor (e.g., friend/family) who agrees to non-involvement. Keep arrangement private—raising a child as your own without state notification isn't a crime, provided no fraud (e.g., accurate birth records). Risks: Donor could later claim rights; use agreements as evidence.
• Clinic Hybrid: Use informal donor but inseminate via physician for protections.
• Relocation Planning: Conceive in permissive state (e.g., CA) if possible, but enforceability varies.

Note: These aren't foolproof; professional advice essential to avoid custody/support issues.

Practical Steps for Safe Informal Donation

• Research Laws: Review state-specific pages, e.g., California.
• Draft Agreement: Outline non-parental role; not binding for rights but evidentiary.
• Health Screens: STI (HIV, etc.) and genetics via labs; share results.
• Adoption if Needed: Secure partner rights post-birth.
• Attorney Consult: Tailor to your situation.

Sperm Donor Agreements

A parent cannot contract away a child's rights to support, but such agreements are nonetheless useful for establishing intent in states with intent-based parentage laws:

• Limits: Enforceable only where recognized; other terms of the agreement (e.g., privacy) may hold even if the core non-parentage declaration is not enforceable.
• Sample: CA law provides a sample agreement establishing intent in informal sperm donation cases. Other states do not, but this template or similar agreements could be adapted.

International Perspectives

• Canada: 2004 Act bans payment; NI legally recognized in some provinces with agreements.
• UK: Clinic-required for protections; informal risks liability.
• Australia: State-varied; clinics preferred.

Cross-border? Dual-law review mandatory.

Frequently Asked Questions (FAQs)

• Is it legal? Varies. Informal sperm donation rarely complies with state or national health regulations, but these are almost never enforced against individuals (you are not a clinic). The more interesting question is who the legal parents of the resulting child would be. This varies widely by jurisdiction.
• Can donors be sued for child support? Can donors sue for custody? Yes, and both have happened. Depending on your jurisdiction you may be able to safeguard yourself against this. See the page on your jurisdiction for more information.
• What safeguards are possible? Going through a clinic isthe strongest guarantee. Absent that, signed agreements, second-parent adoptions, pre- and post-birth orders,and enlisting the help of attorneys in the process.
• Health tips? Always request STD tests and genetic carrier screens beforehand.
• What are my options in non-permissive jurisdictions? Second-parent adoptions, working with donors / recipients you trust not to cause problems down the line, and/or maintaining as much privacy as possible.