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Fiser, Harvey L., and Paula K. Garrett, It Takes Three, Baby: The Lack of Standard, Legal Definitions of "Best Interest of the Child" and the Right to Contract for Lesbian Potential Parents. Cardozo J. L. & Gender 1-31 (2008).
Artificial insemination [AI] poses a range of legal unknowns for lesbian couples. Attempts to clarify the relationship (or intended lack of one) between the semen donor and the recipient are not always enforced by courts. "Contracts for the donation of sperm may not be enforceable and the recipient of sperm may not be able to ensure that the donor will not seek custody at a later time. Similarly, the donor of sperm would be unable to terminate his parental rights or obligations through these contracts." The legal vehicle intended to resolve some of the issues, the Uniform Parentage Act, has been unevenly adopted by the states, leaving disputes arising from AI transactions difficult to resolve. The authors hope for clarifications to the UPA, as well as acceptance "of contracts between sperm donors and donees."
More on: AI, artificial insemination, contracts, parental rights, UPA
