Same sex couples should always consult with an attorney who can advise them of how to best protect the rights of both mothers and also the child. Artificial insemination is a cheaper and physically easier procedure to achieve pregnancy. Same-sex couples using any form of IVF need to be certain to consult with an attorney early in the process as medical clinic consent forms are not typically designed to accommodate such family building options and the use of consent forms designed for heterosexual couples can create legal complications down the road. Some states require that a physician perform the insemination procedure; other states permit at-home insemination. However even in states permitting at-home insemination, proceeding in this manner is risky because there is no independent third party such as a doctor who can provide testimony to the court about the manner of conception. The non-carrying wife typically is able to get her name on the birth certificate without difficulty in New Hampshire.
Using a known sperm donor - legal implications - Family Law Partners
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Known sperm donors may or may not have parental rights and obligations , depending on the legal steps taken up to the signing of the sperm donor contract. When a known sperm donor is used for conception, it is important that each party consults their own attorney to draft an agreement that defines the rights of everyone involved in relation to the future child. The legal standing of the known donor may often depend on how the child was conceived. It is strongly advised that insemination take place in a medical facility rather than at home. If any legal issues arise, having a doctor as a witness, rather than approaching the court with a claim that involves at-home insemination, will hold more credence than anything else.
TEL: When I talk to potential clients considering using a known sperm donor especially lesbian couples , I often get two questions:. Clients who have done some research know that the donor agreement itself is not sufficient in New York and many other states to extinguish parental rights and responsibilities of a known donor.
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