darren

Arkansas

Can a known donor renounce his legal obligations as a parent?

According to AR state statue, a known donor can renounce his legal parental obligations to a married couple, unless the wife is acting as a gestational surrogate.  The law does not address donation to unmarried persons.

What if a known donor attempts to enforce his parental rights when the original intent was to be a sperm donor only?

Unknown; this has not yet been addressed.

Does the state allow for second-parent adoption (i.e., for same-sex couples)?

Yes.

Does the state allow for multiple-parent families (when the child has more than two adults in a parenting role)?

Unknown; this issue has not been addressed.

Does the state recognize “de-facto” or “psychological” parentage (of an “acting” parent without a biological connection)?

Yes.

darren

Wyoming

Can a known donor renounce his legal obligations as a parent?

Yes. Wyoming law states that a donor is not a legal parent of a child conceived through artificial insemination, unless the parties’ intent was otherwise.

What if a known donor attempts to enforce his parental rights when the original intent was to be a sperm donor only?

Unknown; this has not yet been addressed.

Does the state allow for second-parent adoption (i.e., for same-sex couples)?

No.

Does the state allow for multiple-parent families (when the child has more than two adults in a parenting role)?

Unknown; this has not yet been addressed.

Does the state recognize “de-facto” or “psychological” parentage (of an “acting” parent without a biological connection) or a similar concept?

Unknown; this has not yet been addressed.

darren

Wisconsin

Can a known donor renounce his legal obligations as a parent?

Yes. As long as Wisconsin’s statutory requirements are followed, a donor may renounce his legal parental rights.

What if a known donor attempts to enforce his parental rights when the original intent was to be a sperm donor only?

Unknown; this has not yet been addressed.

Does the state allow for second-parent adoption (i.e., for same-sex couples)?

No.

Does the state allow for multiple-parent families (when the child has more than two adults in a parenting role)?

Unknown; this has not yet been addressed.  (However, a case establishing the rights between a known donor and the child’s legal parents is currently pending before the WI Supreme Court.)

Does the state recognize “de-facto” or “psychological” parentage (of an “acting” parent without a biological connection) or a similar concept?

Yes.

darren

West Virginia

Can a known donor renounce his legal obligations as a parent?

Unknown; WV does not have a donor law addressing this.

What if a known donor attempts to enforce his parental rights when the original intent was to be a sperm donor only?

Unknown, but this may be possible given the lack of statute or case law cutting off the rights of a sperm donor.

Does the state allow for second-parent adoption (i.e., for same-sex couples)?

No.

Does the state allow for multiple-parent families (when the child has more than two adults in a parenting role)?

Unknown; this has not yet been addressed.

Does the state recognize “de-facto” or “psychological” parentage (of an “acting” parent without a biological connection) or a similar concept?

Yes.

darren

Washington

Can a known donor renounce his legal obligations as a parent?

Yes. Under WA law, a sperm donor is not a legal parent unless otherwise agreed in a signed agreement between donor and the intended parents.

What if a known donor attempts to enforce his parental rights when the original intent was to be a sperm donor only?

If there is a signed agreement between donor and the intended parents, a sperm donor will not be able to assert legal parentage.

Does the state allow for second-parent adoption (i.e., for same-sex couples)?

Yes.

Does the state allow for multiple-parent families (when the child has more than two adults in a parenting role)?

Yes, some courts have recognized multiple parents.

Does the state recognize “de-facto” or “psychological” parentage (of an “acting” parent without a biological connection) or a similar concept?

Yes.

darren

Virginia

Can a known donor renounce his legal obligations as a parent?

Yes, in VA, if insemination is done through a fertility clinic, the sperm donor will not be considered a legal parent.

What if a known donor attempts to enforce his parental rights when the original intent was to be a sperm donor only?

This may be possible.  In a recent VA Supreme Court decision, the court found that a man was a legal parent when his unmarried girlfriend was inseminated with his sperm via a fertility clinic.  However, in this particular case, there was a written agreement between the couple that the man would be considered a legal father. While this agreement does not comply with the language of the statute (i.e., that all sperm donors will not be legal fathers), the court nonetheless found that the agreement demonstrated intent of the couple that the sperm donor would be a legal parent, and therefore the court found him to be a legal parent.

Does the state allow for second-parent adoption (i.e., for same-sex couples)?

No.

Does the state allow for multiple-parent families (when the child has more than two adults in a parenting role)?

Unknown; this has not yet been addressed.

Does the state recognize “de-facto” or “psychological” parentage (of an “acting” parent without a biological connection) or a similar concept?

Unknown; this has not yet been addressed.

darren

Vermont

Can a known donor renounce his legal obligations as a parent?

Unknown; Vermont does not have a donor statute addressing this.

What if a known donor attempts to enforce his parental rights when the original intent was to be a sperm donor only?

Unknown, but this may be possible given the lack of statute or case law cutting off the rights of a sperm donor.

Does the state allow for second-parent adoption (i.e., for same-sex couples)?

Yes.

Does the state allow for multiple-parent families (when the child has more than two adults in a parenting role)?

Unknown; this has not yet been addressed.

Does the state recognize “de-facto” or “psychological” parentage (of an “acting” parent without a biological connection) or a similar concept?

Unknown; this has not yet been addressed.

darren

Utah

Can a known donor renounce his legal obligations as a parent?

Yes. Utah’s Supreme Court has held that a sperm donor is not a legal parent unless he consents to become a legal parent in writing.

What if a known donor attempts to enforce his parental rights when the original intent was to be a sperm donor only?

Unknown; this has not yet been addressed.

Does the state allow for second-parent adoption (i.e., for same-sex couples)?

No.

Does the state allow for multiple-parent families (when the child has more than two adults in a parenting role)?

Unknown; this has not yet been addressed.

Does the state recognize “de-facto” or “psychological” parentage (of an “acting” parent without a biological connection) or a similar concept?

Unknown; this has not yet been addressed.

darren

Texas

Can a known donor renounce his legal obligations as a parent?

Yes. Under Texas’ assisted reproduction law, a donor is not a legal parent to a child conceived via assisted reproduction, with “assisted reproduction” defined as any cause of pregnancy other than sexual intercourse.

What if a known donor attempts to enforce his parental rights when the original intent was to be a sperm donor only?

Unknown; this has not yet been addressed.

Does the state allow for second-parent adoption (i.e., for same-sex couples)?

Some jurisdictions may permit a second-parent adoption.

Does the state allow for multiple-parent families (when the child has more than two adults in a parenting role)?

Unknown; this has not yet been addressed.

Does the state recognize “de-facto” or “psychological” parentage (of an “acting” parent without a biological connection) or a similar concept?

Yes.

darren

Tennessee

Can a known donor renounce his legal obligations as a parent?

According to state statue, a known donor can renounce his obligations to married persons. The statute does not address renouncing his obligations to an unmarried person.

What if a known donor attempts to enforce his parental rights when the original intent was to be a sperm donor only?

Unknown, but this may be possible given the lack of statute or case law cutting off the rights of a sperm donor.

Does the state allow for second-parent adoption (i.e., for same-sex couples)?

No.

Does the state allow for multiple-parent families (when the child has more than two adults in a parenting role)?

Unknown; this has not yet been addressed.

Does the state recognize “de-facto” or “psychological” parentage (of an “acting” parent without a biological connection) or a similar concept?

Unknown; this has not yet been addressed.