Did you know that in surrogacy arrangements the birth mother of a child, not the donor mother, is legally the child’s mother in Virginia? Pursuant to Virginia Code Section 20-158, the parentage of a child conceived through assisted conception may not be what you thought.
Surrogacy cases usually involve the following parties:
Intended parents (who may also be known as the “donor parents”),
The husband of the surrogate mother (if married), and
Licensed physician and/or fertility clinic.
There are two types of surrogacy arrangements. In traditional surrogacy, a surrogate mother is inseminated with sperm from a male in the intended couple, or from a donor. In gestational surrogacy, the surrogate mother is implanted with an embryo, which can either come from the intended parents or from a donor. The significant difference between these two arrangements is that in gestational surrogacy the surrogate mother has no … Read More »
Actor Jason Patric has a case in the California courts that has gained national media attention recently because it involves the paternity rights of sperm donors. Patric’s child was conceived by his former girlfriend through in vitro fertilization using Patric’s sperm. Now he’s fighting to be declared the legal father of that child and to have custody and visitation rights established.
In 2013, the Virginia Supreme Court decided a similar case involving assisted conception: L. F. v. Breit, 285 Va. 163; 736 S. E. 2d 711. The biological father in that case, William Breit, was also seeking to have paternity established, as well as custody and visitation rights, for a child that was conceived via in vitro fertilization using his sperm. Unlike the California parties, William Breit and his long time, live-in girlfriend entered into a written custody and visitation agreement, … Read More »
A Kansas man is garnering national attention because he is being required to pay child support after donating sperm to a lesbian couple. The Kansas man, William Marotta, answered an online advertisement to donate sperm to a lesbian couple. In 2009 the couple and Mr. Marotta entered into an agreement in which he gave up his parental rights to the lesbian couple and was absolved of any financial responsibility.
After the birth of the child, the lesbian couple ended their relationship. The child received more than $6,000 in state benefits. As in Virginia, Kansas requires that the Department of Children and Families (or the Department of Social Services in Virginia) attempt to recuperate those expenses through biological parents.
The state of Kansas says that because Mr. Marotta did not work through a clinic or doctor, as the state law requires, he can … Read More »