For donors who go through a sperm bank, the donor`s parental rights and obligations will be removed and the clinic will keep its identity anonymous. However, many of these sperm banks will provide the child with the identity of the donor as soon as he or she turns 18 or 21. Since the laws of New York and New Jersey can be complicated, especially with respect to protecting your parenting relationship with a child conceived by gamete donation, it is important that you work with experienced lawyers. Rumbold – Seidelman can help you legally protect your rights and rights of your unborn child by developing a donor contract. Jessica and Nichole argued that the court should refuse to order DNA testing because they were entitled to a presumption of legitimacy (the New York term for the marital presumption discussed above) and the Court of Appeal agreed. The presumption of legitimization of New York, developed by the first courts, has been codified and is part of the State`s Domestic Relations Code. The status itself applies only to “parents” and not “mother” and “father” and appears to apply to married couples, regardless of gender. It is an interpretation of the statute that would avoid the inevitable constitutional challenge that has occurred in so many other states. This interpretation is also consistent with the status of the New York sperm donor, which allows a woman`s husband to be the legitimate father, even if the sperm was provided by another man for artificial insemination. (Sperm donors who supply gametes to single women, as well as women who use them, take their own risks.
New York has no non-paternity rule for sperm donors in this situation.) Thus, the presumption of legitimacy can be applied to a woman`s wife. In recent decades, advances in health in the field of insemination have helped couples across the country enjoy the miracles of having their own child, even after doctors may have told them that a natural conception would be impossible. From patients with biological problems to same-sex couples who need sperm donors to start their families, there are many ways in which the medical world has intervened to help couples become parents. Of course, these developments can be a wonderful thing, but they also raise a number of potential issues related to child custody and who should have the right to make decisions on behalf of a child. A common way for singles, same-sex couples and infertile couples to become biological parents is a gamete donation. However, the use of another person`s eggs or sperm faces legal complications that focus on parental rights and parental obligations. The couple argued that the donor`s case should be dismissed for two reasons. First, since the couple`s marriage should be considered “legitimate,” parental rights would belong to the couple because it is a “product of marriage.” Second, the couple argued that the donor “should be reasonably discouraged” from having a right to paternity after promising not to do so.