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Legal Questions Related To Artificial Insemination

Meghan Jones

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What is the legal procedure to be followed when an individual opts for artificial insemination? Many times people may be faced with questions such as this and others that can arise out of the circumstances in their lives. Often, legal situations lead to questions where a person may not know whom to ask or where to look for answers. Given below are similar questions on the subject, that have been answered online by legal experts.

Q. Would a woman with Polycystic Ovaries Syndrome be successful in conceiving through artificial insemination?
The success rate may depend on the age of the woman, medical health and fertility of the woman. A couple may normally have 5 to 20% chances of conceiving during a woman’s cycle. Fertility drugs may increase her chances of conceiving. However, it would be best to consult a doctor before taking a decision.

Q. If a married man is in a relationship with another woman and wants to have a baby through artificial insemination, would he need the wife’s consent in the state of AZ?
The law in the state of AZ does not specify explicitly that a person must take the wife’s consent to have a baby with another woman through artificial insemination. The situation would usually be treated like just another instance of a man sleeping with another woman and having a baby. The husband may not have any legal obligation to take the wife’s permission. Whether he wants to take his wife’s permission or not would completely be his choice decided by his view of ethics and moral obligation in a relationship.

Q. Is the donor of sperm responsible for providing financial support to the mother?
If an agreement was made before the sperm donation to the contrary, the court may not grant paternity for inheritance or force the donor to give financial support to the mother. Both the parties would normally have signed an artificial insemination contract before the artificial insemination procedure. The issue of financial support, paternity and inheritance are usually defined in the contract and the provisions of the contract would normally be deemed binding.

Q. Can a lesbian couple put both their names on the birth certificate if they are expecting a child in the state of Oregon?
The state of Oregon may grant a ‘Parent-Parent’ birth certificate to both the parents. This certificate may be obtained in the birthing hospital. Individuals may have to check the certificate to make sure that they have been given the right document by the hospital. The child with a parent-parent birth certificate will be protected under the Oregon state law. However this law may vary in different parts of USA and may not be recognized in other states.

Q. Would the husband of an individual be considered the father of a child that was born through artificial insemination if he signs the birth certificate?
The person would be considered the legal father of the child if his name and signature is present on the child’s birth certificate. In such situations, the individual may also be held responsible for child support

Artificial insemination covers diverse legal and medical topics and can result in complex situation in relationships. This and individual circumstances can lead to legal implications that may vary depending on the particulars of a situation, the laws prevalent in the state a person resides in and other factors. Ask a family lawyer to answer any legal questions you may have based on an understanding and evaluation of your state laws and situation.


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