Sperm Donor Parental Rights

An Oklahoma court just removed an ex-wife from the baby’s birth certificate and gave parental rights to the sperm donor. I’m Amy E. Feldman.

A same-sex married couple in Oklahoma conceived a child with the help of a sperm donor.  The wife who did not give birth added her name to the birth certificate, but when the couple divorced, the genetic birthing mother sued to have her ex-wife removed from the baby’s birth certificate. The Oklahoma court just ruled last week that because the ex-wife of the birthing mother did nothing further to secure her parental rights like filing to formalize the baby’s adoption, she should be removed from the birth certificate and the court instead granted parental rights to the sperm donor, who in their case was not anonymous.

This highlights a potential legal pitfall for couples who use donor sperm and suggests they speak to a lawyer specializing in third party reproduction law on how to secure parental rights after the birth.

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