Texas Informal Sperm Donation

Legal Framework and Considerations

Official excerpt — Tex. Fam. Code § 160.702: “A donor is not a parent of a child conceived by means of assisted reproduction.” Source: official host. Must be read with § 160.102(6) (“donor” requires providing gametes to a licensed physician). July 2026.
Official excerpt — Tex. Fam. Code § 160.102(6) (“Donor”): ““Donor” means an individual who provides eggs or sperm to a licensed physician to be used for assisted reproduction, regardless of whether the eggs or sperm are provided for consideration.” Source: official host. Statutory exceptions follow in the same subsection. Interest of P.S. (Tex. App. 2016) is frequently cited on the physician gate—obtain full opinion for pin cites. July 2026.
Case excerpt — In re P.S., No. 02-16-00008-CV, 2016 WL 6277374 (Tex. App.—Fort Worth Oct. 27, 2016): “The evidence presented at trial conclusively established that Father did not provide his sperm donation to a licensed physician. Because Father did not provide his sperm to a licensed physician, he is not a “donor” under section 160.102(6), and section 160.702’s nonparentage rule for donors does not apply.” Appellate holding as reported in free digests of 2016 WL 6277374—verify against the full Fort Worth Court of Appeals slip opinion for pin cites. Reinforces the physician gate for informal AI. July 2026.

Texas’s legal framework for informal sperm donation sits in Texas Family Code Chapter 160 (Uniform Parentage Act materials). A common reading error is to stop at § 160.702 (“A donor is not a parent…”). Texas’s adoption of UPA-style language is modified in the definitions: under § 160.102(6), a person is a “donor” only if eggs or sperm are provided to a licensed physician for assisted reproduction (with the statutory exceptions listed in that subsection). Assisted reproduction itself is defined in § 160.102(2) as a method of causing pregnancy other than sexual intercourse (IUI, IVF, etc.)—but the donor non-parentage rule still requires fitting the physician-mediated “donor” definition. Map status for informal AI is therefore Not Recognized (clinic/physician pathway for the statutory safe harbor). Content corrected July 2026 after re-check of § 160.102(6).

Core Provisions

Provision Statute Key Implications
Assisted Reproduction § 160.102(2) Method of causing pregnancy other than sexual intercourse (IUI, egg/embryo donation, IVF, ICSI, etc.). Defines the method; does not by itself make every at-home provider a non-parent.
“Donor” definition (critical) § 160.102(6) Donor = individual who provides eggs or sperm to a licensed physician for assisted reproduction (exceptions for certain spouses, birth parent, and § 160.7031 intended unmarried fathers). This is Texas’s key UPA modification for known-donor AI.
Donor Non-Parentage § 160.702 A statutory “donor” is not a parent of a child conceived by assisted reproduction. If § 160.102(6) is not met, § 160.702 does not apply; biology-based parentage rules can.
Custody & Child Support Title 5, Subtitle B (Custody) & Title 5, Subtitle B (Support) Legal parents face custody/support duties. Informal providers adjudicated as parents face the same suite of obligations and rights disputes.
Surrogacy / other ART § 160.751 et seq. Gestational agreement rules are separate; do not treat them as a substitute for the physician-mediated donor definition in informal AI.

Key Court Cases

No Texas Supreme Court decision rewrites § 160.102(6). Two published intermediate opinions matter for known donors:

Bottom line: No physician intermediary → not a statutory donor (P.S.). Physician path + claim of intended parentage can keep the genetic provider in court (Sullivan). Informal AI remains high risk. Reviewed July 2026.

Practical Steps & Risks

Resources