Most people think of sperm donation as occurring through an anonymous donation and insemination at a clinic. If that’s the case and the couple is married, there is a statutory section (DRL § 73) that applies and provides a presumption that the child born is the child of the married couple.
However, it is also very common for the sperm donor to be known and even, sometimes, for the donation to be done at home. In that context, it is important to have an agreement that sets forth the intention of all parties. Recent New York case law indicates that New York courts will enforce such an agreement, but even if the agreement is not fully enforced as written, it still serves the critical purpose of setting forth the parties’ intentions at the time of the donation. That information will be relevant to the court in determining the best interest of the child if faced with that issue in the future.
New York’s Child Parent Security Act, which went into effect in February 2021, allows a parent who used a sperm donor to create their family to legally establish parental rights to their child through a parentage proceeding. Depending on what type of documentation was previously signed by the sperm donor, his participation may be necessary as part of that proceeding.
Couples or individuals who have frozen sperm left after they have finished creating their family also need to consider how that will be treated in the event of a divorce or upon their passing. The disposition of frozen eggs, embryos, and sperm should be addressed in an agreement between the parties.
Casey helped me work through drafting a contract for the process of assisted reproduction with a close friend. I couldn’t have asked for a better lawyer for this process. She helped me understand all the issues involved – on both a legal and a personal level – and she was extremely knowledgeable about the law as it stands and as it may change in the future.I was nervous about making sure that we drafted as strong a contract as possible. While she wasn’t afraid to tell me when something I wanted wasn’t possible, her supportive attitude during our conversations helped me feel much more comfortable with the document that we generated over the course of the process, and it ended up containing almost all of what I wanted. In addition, she was not only timely and responsive in our communication, she was also human – and a warm and caring human at that.
It’s clear that this field is important to her and that she’ll do her best for all of her clients. Casey is an excellent choice for anyone seeking legal counsel in this field.
~Hudson
Most people think of sperm donation as occurring through an anonymous donation and insemination at a clinic. If that’s the case and the couple is married, there is a statutory section (DRL § 73) that applies and provides a presumption that the child born is the child of the married couple.
However, it is also very common for the sperm donor to be known and even, sometimes, for the donation to be done at home. In that context, it is important to have an agreement that sets forth the intention of all parties. Recent New York case law indicates that New York courts will enforce such an agreement, but even if the agreement is not fully enforced as written, it still serves the critical purpose of setting forth the parties’ intentions at the time of the donation. That information will be relevant to the court in determining the best interest of the child if faced with that issue in the future.
New York’s Child Parent Security Act, which went into effect in February 2021, allows a parent who used a sperm donor to create their family to legally establish parental rights to their child through a parentage proceeding. Depending on what type of documentation was previously signed by the sperm donor, his participation may be necessary as part of that proceeding.
Couples or individuals who have frozen sperm left after they have finished creating their family also need to consider how that will be treated in the event of a divorce or upon their passing. The disposition of frozen eggs, embryos, and sperm should be addressed in an agreement between the parties.
Casey helped me work through drafting a contract for the process of assisted reproduction with a close friend. I couldn’t have asked for a better lawyer for this process. She helped me understand all the issues involved – on both a legal and a personal level – and she was extremely knowledgeable about the law as it stands and as it may change in the future.I was nervous about making sure that we drafted as strong a contract as possible. While she wasn’t afraid to tell me when something I wanted wasn’t possible, her supportive attitude during our conversations helped me feel much more comfortable with the document that we generated over the course of the process, and it ended up containing almost all of what I wanted. In addition, she was not only timely and responsive in our communication, she was also human – and a warm and caring human at that.
It’s clear that this field is important to her and that she’ll do her best for all of her clients. Casey is an excellent choice for anyone seeking legal counsel in this field.
~Hudson
The content on this webpage is intended for informational purposes only and not for the purpose of providing legal advice. Every situation is different and should be carefully discussed with an attorney before taking action.