Does a sperm donor have parental rights to the child?

The linked article sheds light on a area of law that is becoming more common, sperm and egg donation. More women are waiting later to have children. When my mother was younger, it was normal for women to get married in their teens and become parents in their late teens early 20’s. This may be why infertility treatments weren’t as utilized as it is now. There was no need. A woman’s fertility doesn’t decrease until her late 20’s, but when she reaches 35, her ability to have a child decreases more quickly. According to reproductivefacts.org, “Each month that she tries, a healthy, fertile 30-year-old woman has a 20% chance of getting pregnant. That means that for every 100 fertile 30-year-old women trying to get pregnant in 1 cycle, 20 will be successful and the other 80 will have to try again. By age 40, a woman’s chance is less than 5% per cycle, so fewer than 5 out of every 100 women are expected to be successful each month.” Everyone knows that men can father a child well past that of a woman, some fathering children well into their 70’s.

Then there is the issue of how can a woman who wants to get pregnant, achieve pregnancy. In the state of Florida, sperm donors have no legal claim to their offspring. In fact, the father may not know how many times his sperm is used or not. If you are a woman who wants no contact with the father of your child, this is the route to take. The consequences of obtaining sperm in any other method will subject you to the father’s potential claim to establish paternity. It won’t even matter if the father waits years after the child is born to establish his rights. Until 2018, a married woman who became impregnated by a man other than her husband, could block the biological father’s rights to the child at all. Florida’s Supreme Court held in 2018, in Perkins v. Simmons, that a biological father does have the right to establish paternal rights to a child conceived to a married mother.

When determining how to become a parent, choose wisely.

https://caselaw.findlaw.com/fl-district-court-of-appeal/1876459.html

https://www.reproductivefacts.org/news-and-publications/patient-fact-sheets-and-booklets/documents/fact-sheets-and-info-booklets/age-and-fertility/

https://www.huffpost.com/entry/when-it-comes-to-starting_b_12999092