California Bill AB – 960 describes assisted reproduction parentage. Here’s what to know about artificial insemination laws in California.
Artificial insemination is a type of assisted reproduction. Assisted reproduction can include the donation of sperm, eggs, or embryos. California laws clarify the parentage of children conceived through the donation of sperm or eggs.
What is Artificial Insemination?
Artificial insemination also goes by a few different names such as assisted reproduction, donor insemination, and alternative insemination. The most common type of artificial insemination is intrauterine insemination (IUI) where concentrated donor sperm is placed directly into a woman’s uterus. Other variations of artificial insemination involve the placement of a donor’s sperm in a woman’s cervix.
What does California’s Artificial Insemination Law Do?
California Law AB-960 protects the parental rights of parents who conceived children through artificial insemination. The law covers artificial insemination and other types of assisted reproduction. The law was updated to provide forms for the intended parent(s) and donors to formulate parental agreements. For an intended non-biological parent to be considered the legal parent of a child conceived, the parent who conceives the child must have the written and signed consent of the intended non-biological parent.
Related: Assisted Reproduction Laws in California
Ways to Make Sure Your Donor Does Not Get Legal Parental Rights
The first way to protect parental rights is to use a licensed sperm bank or a licensed physician for the process of artificial insemination. California law states donors involved in assisted reproduction conducted through licensed sperm banks and physicians have no recognition as the parent of the conceived child.
If artificial insemination occurs through another source, a clear and documented agreement is required between the intended parent(s) and the donor, either in the form of a contract or a well-documented oral agreement, and must state the donor will not be a legal parent of the conceived child.
The intended parent(s) can demonstrate their intentions to be legal parents of the child conceived through artificial insemination using California forms, which satisfy the requirements for signed contracts between intended parents and donors.
Related: What Is a Post-Birth Order?
When Does a Donor Get Parental Rights?
A sperm donor will only receive legal parental rights if there is a written and signed agreement between the parent who conceived the child and the donor. Both must agree the donor will receive parental rights to the conceived child.
Related: Third-Party Reproduction Laws in California
FAQs About California Artificial Insemination Laws
What are parental rights?
Parental rights are available to adults legally recognized as parents of a child. Legal parentage entails custody and visitation rights. Legal parents are required to financially support the child.
Why is it important to establish parentage after artificial insemination?
Establishing parentage allows the child to receive the following benefits:
- Financial support from their parents
- Legal documentation to identify their parents
- Record of both parents on their birth certificate
- Access to their family medical history and records
- Coverage from their parent’s health and life insurance
- Rights to inherit from their parents
- Rights to social security benefits
How should LGBTQ parents ensure their parental rights in assisted reproduction?
To ensure parental rights for non-biological parents, non-biological parents must provide their written and signed consent to assume legal parentage of the child delivered through assisted reproduction. Parents who do not use a licensed sperm bank or physician must have a signed contract with the donor to clarify parentage. However, these rights only apply to parents in California. LGBTQ couples who might travel with their child to another state should carry additional documentation of parentage. Non-biological or birth parents should consider legally adopting or getting a judgment of parentage to protect their parental rights outside of California.
Do California laws apply to other forms of assisted reproduction?
California law AB – 960 does cover other forms of assisted reproduction, including conception through the donation of sperm, and/or an egg.
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