Informal Sperm Donation in Iowa

Legal Framework and Considerations

Iowa’s legal framework for informal sperm donation, including at-home artificial insemination (AI), lacks specific statutes defining "assisted reproduction" or "sperm donation" beyond the narrow context of fertility fraud in Iowa Code § 714I.2. Governed by general paternity and support laws under Iowa Code § 252A.3 and marital presumptions in Iowa Code § 598.31, Iowa relies on biological and marital ties, leaving informal AI unregulated. The absence of tailored provisions, combined with case law like *In re Marriage of Neff* (1999), creates significant ambiguity for donors and recipients as of March 2025.

Key Provisions:

• Assisted Reproduction:
  • Iowa law does not broadly define "assisted reproduction" or "artificial insemination." Iowa Code § 714I.2(2) (Fertility Fraud, 2022 Iowa Acts ch. 1082) defines terms in fraud cases: "‘Assisted reproduction’ means a medical or scientific intervention… including artificial insemination." This applies only to criminal liability, not parentage.
  • Informal AI remains outside this scope, unregulated beyond general paternity rules.
• Donor Status and Paternity:
  • No statute exempts sperm donors from paternity. Iowa Code § 598.31 presumes: "Children born of the marriage… are legitimate." For non-marital children, Iowa Code § 252A.3(1) ties paternity to biology or acknowledgment: "The parent and child relationship… may be established by proof."
  • Informal AI donors risk paternity under biological defaults, with no donor-specific protections.
• Legal Parentage:
  • Iowa Code § 144.13A allows voluntary acknowledgment for non-marital children, while Iowa Code § 600B.41A permits paternity actions. Adoption (Iowa Code § 600.1 et seq.) offers an alternative.
  • Intent is not statutorily prioritized, unlike UPA states.
• Case Law: In re Marriage of Neff (1999):
  • Citation: 592 N.W.2d 698 (Iowa Ct. App. 1999)
  • Background: A married couple used donor sperm via physician-led AI. Post-divorce, the husband contested paternity.
  • Ruling: The court upheld the husband’s non-paternity based on lack of biological tie, but did not address the donor’s status, implying informal donors could face biological liability.
  • Impact: Suggests courts favor biology absent specific donor laws, with intent untested in informal AI.
• Legal Implications:
  • Iowa’s lack of ART-specific statutes aligns it with vague states like Indiana, contrasting with permissive states (e.g., Illinois’ § 702).
  • Informal AI donors face paternity risks under § 252A.3, with courts likely relying on biology per *Neff*.
• Practical Considerations:
  • At-home AI lacks legal safeguards in Iowa. Donors risk paternity and support obligations, while recipients may need judicial action or adoption to exclude donors.
  • Iowa’s population (approx. 3.2 million) and rural expanse limit fertility service access outside Des Moines, increasing reliance on informal AI amid legal uncertainty.
  • The state’s conservative legal approach and minimal ART regulation suggest courts prioritize biology in disputes.
• Special Cases:
  • Unmarried recipients or same-sex couples face parentage gaps, requiring adoption (Iowa Code § 600.1) or acknowledgment (§ 144.13A). Post-Obergefell (2015) equality applies federally, but state law lags.
  • Surrogacy lacks regulation beyond general contract law, with informal AI reliant on outdated parentage rules.

Recommendations:

• Written Agreements: Draft a signed pre-conception agreement clarifying donor non-parental intent, though enforceability depends on judicial discretion given the lack of specific statutes.
• Physician Supervision: Consider physician-supervised AI to provide documentation and reduce paternity risks, despite no mandate, as Iowa’s reliance on biology increases donor liability in informal settings.

Iowa’s absence of specific laws on informal sperm donation, governed by Iowa Code § 252A.3 and underscored by *In re Marriage of Neff* (1999), leaves donors and recipients in a legal gray area. Donors risk biological paternity claims, and recipients may need court or adoption proceedings, making this an uncertain landscape absent reform.

Statutory Resources:

• Iowa Code - Chapter 252A: Support of Dependents
• Iowa Code - Chapter 598: Dissolution of Marriage
• Iowa Code - Chapter 600: Adoption
• Iowa Code § 714I.2: Fertility Fraud