Pennsylvania sperm donation is a growing industry for men. Often, one of the main concerns men have is that after donation occurs, they will find themselves being sued for child support even though they never intended to “parent” the child. Twenty years ago, this may have been a more significant issue for prospective sperm donors. As technology has expanded in the area of assisted reproduction in PA, so have the laws regarding these topics.
In Allegheny County, there are a few different places a man can go to donate sperm. If done through an agency, this process is usually done anonymously. This means, that whoever receives the sperm will typically never know the name of the donor. Many men feel this is a safer bet, as it would be extremely difficult for someone to track them down. If no one knows who the biological father is, then the father cannot be sued in court. There may be more concern for men who enter into private agreements with a prospective mother. In this case, the donor father is clearly known to the mother. The Pennsylvania Family Courts have decided that this donor father is not held to be the father of the child as a matter of law. In other words, he cannot be sued for child support in PA, so long as he does not start to act like a father. The court decided that these two parties entered into a valid contract before conception. The court also decided that known sperm donors should not be treated differently from anonymous donors, and should not be subject to court actions for child support.
In a case where the recipient of the sperm is married to a different man, that man who consents to the assistive reproduction will be held out to be the legal father when the child is born. This idea comes from notion of protecting intact families. So, this husband will be the legal father, and the biological father will never have any parental claim to the child. With new technology, the Pennsylvania assistive reproduction laws are constantly evolving. For more information, contact one of our experienced PA reproductive rights lawyers today.