California Informal Sperm Donation

Legal Framework and Considerations

In California, informal sperm donation, including at-home artificial insemination (AI), is a legally recognized method of assisted reproduction under the California Family Code. The state’s laws, particularly FAM § 7613 and FAM § 7613.5, provide a clear framework for establishing parentage and protecting donors from unintended legal responsibilities when proper conditions are met. Modeled on the 2017 Uniform Parentage Act (UPA), these provisions emphasize intent via written agreements, explicitly extending protections to informal settings without physician mandates. This places California among the most donor-friendly states, with sample forms available for ease of use. No substantive changes as of October 2025.

Core Provisions

Provision Statute Key Implications
Assisted Reproduction § 7613(b) Defines as methods causing pregnancy other than sexual intercourse, including AI (at-home/clinical), IVF, and gamete/embryo donation. No physician required for informal AI; donor protections apply via intent.
Donor Non-Parentage § 7613(b)(2) Donors have no parental rights or duties for children conceived via assisted reproduction if non-spousal and pre-conception written agreement exists (or oral with clear evidence). Applies to informal AI.
Intent-Based Parentage § 7613.5 & § 7611 Signed consent establishes intended parents (e.g., non-bio partner). Presumptions for spouses; unmarried need voluntary declaration or judgment. Donors excluded unless later conduct implies parentage.
Custody & Child Support § 4050 et seq. (Support) & § 3000 et seq. (Custody) Non-parents (donors) owe no support; custody defaults to birth/intended parents. Disputes resolved via intent evidence and best interests, not biology alone.
Withdrawal/Disputes & Surrogacy § 7960 et seq. (Surrogacy) Written agreements required for surrogacy with validation; informal donation under broader UPA. Post-birth disputes via adjudication; cross-state via UIFSA.

Key Court Cases (2024-2025)

No major 2025 cases directly address informal sperm donation under FAM § 7613, but precedents affirm donor protections:

2025 outlook: Stable framework favors documented intent; recent surrogacy rulings (e.g., 2024 embryo disputes) reinforce UPA alignment without altering donor exemptions.

Practical Steps & Risks

Resources