darren

South Dakota

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

Unknown; South Dakota 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)?

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

South Carolina

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

Unknown; South Carolina 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)?

One or more courts may recognize 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

Rhode Island

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

Unknown; Rhode Island does not have a donor statute.

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?

Yes.

darren

Pennsylvania

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

Yes. The PA Supreme Court has ruled that a sperm donor in a private arrangement is not liable for child support where (1) the biological mother promises the donor that he will not be liable for support in exchange for donating his sperm, (2) he waives his parental rights and (3) the parties act in accordance with this agreement.  The PA Supreme Court rejected prior court holdings that a biological parent cannot waive support for their child and that such private agreements were unenforceable.

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

Unclear, but a known donor may be able to enforce parental rights. A PA Superior Court has ruled that a known sperm donor was liable for support of his two children after it was shown that he participated in the childrens’ life and often provided financial assistance historically.

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)?

At least one court has recognized multiple-parent families.

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

Yes.

darren

Oregon

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

Yes. OR statute explicitly removes a donor’s legal rights to children conceived via donor insemination. Courts have upheld agreements between known donors and recipients that curtailed the donor’s parental rights.

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

If a written agreement is in place, courts have not found additional legal parental rights for known donors.

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)?

At least one court has recognized multiple-parent families.

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

Yes.  An OR court has ruled that the consent of a non-biological partner to a biological partner’s insemination, where the non-bio parent intended to be a parent to the resulting child, made the non-bio parent a legal parent.

darren

Oklahoma

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

Oklahoma’s statute covers the renunciation of legal rights from a donor to married persons; it does not cover 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 issue 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 issue 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 issue has not yet been addressed.

darren

Ohio

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

Yes; a donor has no legal rights if the statutory requirements of the donor law are met. However, in one case, an OH court found that a violation of the statutory requirements voided the known donor agreement between the parties.

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

If the statutory requirements of the donor law are not followed correctly, a court may find the known donor to be a legal parent.

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

No; however, the OH Supreme Court has ruled that a Juvenile Court has the authority to approve a shared-custody agreement, if it is in the best interests of the child.

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 yet been addressed.

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

Possibly; OH Supreme Court has recognized a same-sex partner as a “de facto” parent.

darren

North Dakota

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

Yes; ND law specifically states that a donor is not a parent of a child conceived by means of assisted reproduction.

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

Unknown; 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)?

There is anecdotal evidence that certain courts may permit 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 issue 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?

Possibly; in 2010, the ND Supreme Court recognized a stepparent as a psychological parent entitled to reasonable visitation with their stepchild..

darren

North Carolina

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

North Carolina’s statute covers the renunciation of legal rights from a donor to married persons; it does not cover 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 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 issue 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

New Mexico

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

Yes; when parties to a donor agreement conform to the relevant New Mexico statute, the donor’s parental rights will be extinguished.

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

If the donor “holds out” the child as his own over a sufficient period of time, he may be able to assert legal parentage rights.

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

Some courts have permitted second-parent adoptions.  New Mexico will also recognize parentage of a same-sex partner of a woman who conceives through donor insemination without second-parent adoption.

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

This may be possible; at least one court has recognized a multiple-parent family.

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

Yes.