Alternatives to Adoption

Question 1

Generally, if a mother is married, the mother’s husband is presumed to be the father of a child born from artificial insemination if:

Answer 1

1. He consented in writing;
   (If no writing exists, some courts will find that implied oral consent is sufficient.)

AND

2. A medical doctor performed the procedure.

Question 2

Do sperm donors have parental rights?

Answer 2

Most states extinguish any parental rights the sperm donor may have as the biological father of the child upon successful artificial insemination.

Question 3

Surrogacy arrangements typically arise when

Answer 3

a couple wants a baby, but the woman is unable to carry a baby to term.

Question 4

Generally, surrogacy contracts state…

Answer 4

In a surrogacy contract, the surrogate mother, generally in return for financial compensation, agrees to bear and give birth to another party’s child (usually through artificial insemination or in vitro fertilization) permitting the other party to raise the child.

Question 5

How do courts treat surrogacy contracts?

Answer 5

Some states hold parties that enter into a surrogacy contract criminally liable. Other states treat surrogacy contracts as void against public policy without imposing criminal liability. Still, other states permit surrogacy contracts so long as the birth mother is given a period of time to change her mind after the child is born.