What You Need to Know About Sperm Donors Paying Child Support in Florida
The Florida Supreme Court has ruled that the donor of sperm or an egg has no rights concerning the resulting child. Here’s everything you need to know about sperm donors paying child support in Florida.
In many states, sperm donors sign papers to give up paternity rights. In Florida, a sperm donor must sign legal documents to establish any rights in the first place. Otherwise, a donor has absolutely no parental rights to the child and would also not be obligated to pay child support.
Exceptions to Sperm Donors Establishing Paternity Rights
One notable exception to sperm donors claiming paternity: intent. Florida courts measure the intent of those involved, which some legal experts say protects lesbian couples. The courts rule if the donor intends to raise the child as their own, the donor might retain some rights or responsibilities over the child.
Related: Florida Child Support Laws
Florida Law Differentiates between Parent and Donor
Florida state law recognizes separate definitions of “parent” and “donor” differently than in other states. The law considers who intends to take on parental roles, even before the child is born, rather than who provided biological material to conceive. This interpretation comes up more when people want to establish rights, and in Florida, no one has tried to force a donor to pay child support. It will be interesting to see how a Florida court will rule in such a situation. However, Florida courts will not likely require the donor to pay child support if they intended to act solely as a donor and not obtain any parental responsibilities.
Related: Back Child Support Laws in Florida
If a sperm donor does not intend to become a parent, and therefore obtains no responsibility or legal rights over the child, Florida does not require sperm donors to pay child support. However, if the sperm donor wants to take up parental responsibility to raise the child, the child’s other parent(s) can file for child support. A Florida court will decide whether the sperm donor has to pay for child support.