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In this case, a man donated his sperm so a couple could perform a insemination at home. They signed an agreement regarding the donation and waiving his parental rights. The couple did not ask him for child support after the fact. Instead, after the couple separated, one of them requested state benefits for the child. It is typical for the state to attempt to recoup those costs from the parents of the child so the state typically asks for the biological parents’ information. The parentage act in Kansas requires that a physician sign off on the assisted reproduction in addition to the other parties in order for the sperm donor to not be considered the birth father. So under Kansas law, the donor was considered the birth father and was required to provide support for the child to be paid to the state.
Due to recent changes in Nevada law, specifically NRS 126.500-810, this situation could be avoided here so long as the parties have an agreement that the donor relinquishes his present and future parental rights and obligations. It is important to consult with an attorney to make sure assisted reproduction agreements are compliant with Nevada law.
Read about the story in the ABA Journal here:
Posted in: Uncategorized Posted by: Tawny