The legal rights of known donors

Family Therapist Kim Bergman, PhD, explains the various legal rights for known sperm or egg donors depending on various factors such as your relationship with the person
The Legal Rights of Known Sperm and Egg Donors
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The legal rights of known donors

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If you use a known donor, a friend or a brother-in-law or something like that, you are not necessarily protected. There are somethings you can do to protect yourself. If your friend goes to a doctor's office and gives the sperm there, and the doctor puts the sperm in you; in the state of California, he relinquishes all rights. The broader issue is if you are using a friend or a known donor, you absolutely cannot bypass the step of having a legal contract. Use an attorney to make sure you establish, before you do it, whose rights are whose and what the expectations are. In the state of California, he wouldn't have rights; but in other states, he would. It is very tricky. It varies from state to state in the United States, and it's even different in different counties. So if you are going to use a known donor, and you think you have it covered, and you've talked about the whole thing; contact an expert and get something in writing. It's very important.

Family Therapist Kim Bergman, PhD, explains the various legal rights for known sperm or egg donors depending on various factors such as your relationship with the person

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Kim Bergman, PhD

Family Therapist

Kim Bergman, PhD, a licensed psychologist of 22 years, has specialized in the area of gay and lesbian parenting, parenting by choice and third party assisted reproduction for the last two decades. Dr. Bergman has created a comprehensive psychological screening, support and monitoring process for Intended Parents, Surrogates and Donors. She is the co-owner of Fertility Counseling Services and Growing Generations and is a member of the American Society of Reproductive Medicine, the American Fertility Association, the American Psychological Association, the Los Angeles County Psychological Association, the Lesbian and Gay Psychotherapy Association, and the Gay and Lesbian Medical Association. She is on the national board of the Family Equality Council. Dr. Bergman writes, teaches and speaks extensively on parenting by choice. Along with co-authors, she published "Gay Men Who Become Fathers via Surrogacy: The Transition to Parenthood" (Journal of GLBT Family Studies, April 2010). Dr. Bergman created her own family using third party assisted reproduction and she lives with her wife of 28 years and their two teenage daughters. 

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Transcription: 
If you use a known donor, a friend or a brother-in-law or something like that, you are not necessarily protected. There are somethings you can do to protect yourself. If your friend goes to a doctor's office and gives the sperm there, and the doctor puts the sperm in you; in the state of California, he relinquishes all rights. The broader issue is if you are using a friend or a known donor, you absolutely cannot bypass the step of having a legal contract. Use an attorney to make sure you establish, before you do it, whose rights are whose and what the expectations are. In the state of California, he wouldn't have rights; but in other states, he would. It is very tricky. It varies from state to state in the United States, and it's even different in different counties. So if you are going to use a known donor, and you think you have it covered, and you've talked about the whole thing; contact an expert and get something in writing. It's very important.