Is there a contract for a father to give up his parental rights before conception or during pregnancy? 13 Answers as of July 06, 2011

I want a baby but am not interested in having the father in the child's life. I have a friend that is willing to "donate" his sperm and agrees to give up his parental rights. I want a contract so that he can't change his mind and try to be a part of the child's life later if he changes his mind.

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
No, because there is no child yet, because it has not been born. However, if he is asperm donor he can waive his rights in advance, especially if you waive child support requests at the same time. Good luck.
Answer Applies to: New York
Replied: 7/6/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
I have to ask a rather "personal" question before answering you. By "donate" are you referring to his going to a doctor and making a deposit that will be surgically inseminated or do you mean that you and he will handle this a little more personally without medical aide? The reason I ask is that for the medical procedure, there are forms that cure your concerns. When he makes the donation, he gives up his rights to the biological material. When you get the material, it is just sperm that legally, has not paternal obligations or rights attached. Texas Family Code Sec. 160.702 specifically states that a "donor" is not a parent of a child conceived by means of assisted reproduction. The exception appears at 160.7031 which states if both the man and the woman are unmarried and the man intends to be the father of the child, he is the father only if he files a notice of intent with the physician. So, keep in mind, even with assisted reproduction, your friend may acquire some paternal rights if he takes the necessary steps. With that said, you need to think practically here. While this procedure is more expensive and it provides certain protections for both parties, this gentleman is a friend and you may want to consider the ramifications: will he have a chance to know the child, do you want him to know the child, do you want the child to know about his/her conception, etc.? Now the second issue - if you intend to take matters more personally, there is no contract per se. We would be treading on new ground. Can we draft such a contract? Yes. Would it hold water if we had to force the issue . . . I am not sure, there is no rule of law allowing it nor any rule of law that prohibits it. The Family Code would identify the man/friend as the "presumptive father" and he would have to prove the fact, meaning he would have to bring the claim.
Answer Applies to: Texas
Replied: 6/29/2011
Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Under Washington law as a general rule parental rights and responsibilities cannot simply be waived without another parent stepping in to adopt the child. However, for your specific situation I would consult with an attorney who is experienced in surrogate parenting and sperm donation issues. However, I believe it would be much better and safer legally and otherwise to go through a sperm bank.
Answer Applies to: Washington
Replied: 6/28/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
There is nothing simple and generally available unless you use a commercial sperm bank where the sperms donated anonymously. In Colorado there are specific statutes dealing with assisted reproduction but you need to consult an attorney in order to prepare the documents necessary to prevent future claims of paternity.
Answer Applies to: Colorado
Replied: 6/28/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
Washington state law does provide for binding agreements to deal with sperm and egg donors. The statute is fairly specific about the hoops you have to jump through to do it right. Because the consequences of doing it wrong are significant, I think it would be worthwhile to hire an attorney for you to insure it is done right.
Answer Applies to: Washington
Replied: 6/28/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Yes, its complicated, get a lawyer.
    Answer Applies to: Florida
    Replied: 6/28/2011
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    There is a reason that sperm banks use anonymous donors. It is not certain at all that any "contract" such as the one you envision will be enforceable in a court of law. Surrogacy laws vary in different states, so you should make sure you are consulting an attorney in the state where you reside. If you truly want an "uninvolved" father you should seek to use anonymously donated sperm, and not that from a man you are acquainted with.
    Answer Applies to: Louisiana
    Replied: 6/28/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Look for a family lawyer in your area familiar with the enforceability and terms of such a contract.
    Answer Applies to: Washington
    Replied: 6/28/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You may find this information helpful: y.PDF Sec. 45a-771a. Definitions. For the purposes of sections 45a-771 to 45a-779, inclusive: (1) "Artificial insemination" means a medical procedure in which the fertilization of a human egg is assisted through artificial means and includes, but is not limited to, intrauterine insemination and in vitro fertilization; and (2) "Artificial insemination with donor sperm or eggs" or "A.I.D." means artificial insemination with the use of donated sperm or eggs from an identified or anonymous donor. Sec. 45a-775. (Formerly Sec. 45-69j). No rights in donor of sperm or eggs. An identified or anonymous donor of sperm or eggs used in A.I.D., or any person claiming by or through such donor, shall not have any right or interest in any child born as a result of A.I.D.
    Answer Applies to: Connecticut
    Replied: 6/28/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. A father cannot give up rights to a child that is not yet born. Moreover, a father may always act to establish paternity after the child is born. However, there are surrogacy contracts that allow a male to become a sperm donor while contractually limiting his rights should a pregnancy occur.
    Answer Applies to: Minnesota
    Replied: 6/28/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Once a man is identified as a father, the only way to remove him from the rights and responsibilities of fatherhood would be to have another man (as in a husband) adopt the child with the consent of the biological father. This is a gray area of the law because the actions of society have exceeded the ability of legislatures to write applicable law. Bottom line: if you have a baby, expect the father to stay on the scene regardless of any contract signed.
    Answer Applies to: Ohio
    Replied: 6/28/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    In Georgia I do believe that is possible. Seek the advice of an attorney that specializes in reproductive rights.
    Answer Applies to: Georgia
    Replied: 6/28/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In most cases, no. Some states do allow anonymous donation of sperm via a clinic, and if that is your plan, see an experienced lawyer and determine how to proceed. You can't just sleep with someone and try to get pregnant and have the man say "I waive paternity."
    Answer Applies to: Georgia
    Replied: 6/28/2011
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