Informal Sperm Donation in New Mexico

Legal Framework and Considerations

New Mexico’s legal framework for informal sperm donation, including at-home artificial insemination (AI), is governed by the 2002 Uniform Parentage Act (UPA), enacted in 2009 via 2009 N.M. Laws ch. 215 and codified in N.M. Stat. Ann. Chapter 40, Article 11A (§ 40-11A-101 et seq.). This progressive statute prioritizes intent over procedure, exempting donors from paternity without mandating physician involvement, aligning New Mexico with permissive states like Nevada and Oregon. The focus on signed records for consent adds a layer of formality, with limited case law as of March 2025 providing interpretive guidance.

Key Provisions:

• Definition of Assisted Reproduction:
  • N.M. Stat. Ann. § 40-11A-102(D) defines "assisted reproduction" as: "a method of causing pregnancy other than sexual intercourse," including: "(1) intrauterine insemination; (2) donation of eggs; (3) donation of embryos; (4) in vitro fertilization and transfer of embryos; and (5) intracytoplasmic sperm injection."
  • This broad definition encompasses at-home AI methods like intrauterine insemination (IUI), with no physician requirement.
• Donor Status and Paternity:
  • N.M. Stat. Ann. § 40-11A-702 states: "A donor is not a parent of a child conceived by means of assisted reproduction, unless otherwise agreed in a signed record by the donor and the person or persons intending to be parents of the child."
  • This intent-based rule shields donors from paternity absent a pre-conception agreement to parent, regardless of physician involvement.
• Legal Parentage:
  • N.M. Stat. Ann. § 40-11A-703 provides: "An individual who consents to assisted reproduction by an individual with the intent to be a parent of the child is a parent of the resulting child."
  • N.M. Stat. Ann. § 40-11A-704(a) requires: "Consent… must be in a signed record." Consent can be revoked before insemination per § 40-11A-704(c), if no detrimental reliance occurs.
  • Non-donors are parents based on intent, while donors are excluded unless agreed otherwise.
• Donor Paternity in Informal Contexts:
  • Unlike states with physician mandates (e.g., Ohio’s ORC § 3111.90), § 40-11A-702’s exemption relies on intent and signed records, not procedure, supporting at-home AI if no parental intent exists.
  • A signed pre-conception agreement clarifying donor non-parental intent reinforces this, though not mandatory unless parentage is intended.
• Case Law and Precedents:
  • No New Mexico Supreme Court cases directly address informal sperm donation under § 40-11A-702 as of March 2025. General parentage cases (e.g., Mintz v. Zoernig, 2008-NMCA-162, pre-UPA) focused on biology, but post-2009 UPA cases like Lane v. Lane (2014-NMCA-071) affirm intent-based parentage, suggesting donor exemptions hold if intent is clear.
  • Comparisons to Nevada (NRS 126.660) reinforce New Mexico’s permissive stance, though disputes could test agreement enforceability.
• Practical Considerations:
  • At-home AI is legally supported under § 40-11A-702, offering flexibility for informal donation. Donors face minimal paternity risk absent intent to parent, a key advantage over restrictive states.
  • New Mexico’s small population (approx. 2.1 million) and rural expanse limit fertility service access outside Albuquerque, making informal AI practical under this framework.
  • The state’s progressive adoption of the 2002 UPA supports donor protections, but intent disputes could arise without clear documentation.
• Special Cases:
  • Unmarried recipients or same-sex couples benefit from § 40-11A-703’s intent-based parentage, with adoption (N.M. Stat. Ann. § 32A-5-11) or acknowledgment (N.M. Stat. Ann. § 40-11A-301) available for non-biological parents. Post-Obergefell (2015) equality aligns with this inclusivity.
  • Surrogacy is regulated under N.M. Stat. Ann. § 40-11A-801 et seq., requiring agreements, but informal AI falls under broader donor rules.

Recommendations:

• Written Agreements: Draft a signed pre-conception agreement per § 40-11A-702 to clarify donor non-parental intent and recipient parentage, enhancing legal clarity, though not required for donor exemption.

New Mexico’s adoption of the 2002 UPA via N.M. Stat. Ann. § 40-11A-702 provides a progressive, intent-driven framework for informal sperm donation, exempting donors from paternity without physician mandates. This permissive stance supports at-home AI, with signed records offering optional reinforcement in a straightforward yet nuanced legal landscape.

Statutory Resources:

• N.M. Stat. Ann. - Chapter 40, Article 11A: New Mexico Uniform Parentage Act
• N.M. Stat. Ann. - Chapter 32A, Article 5: Adoptions