Starting a family is a dream many young couples across the United States share. For those who are unable to conceive naturally, one way to add a child to the family is through artificial insemination.
If you are thinking of investing in artificial insemination in the near future, here are three potential legal issues you will need to be aware of.
1. Complications receiving child support in the event of a divorce.
While no couple plans for their marriage to end in divorce, there is a real possibility that you and your spouse could decide to call it quits after the birth of a baby conceived through artificial insemination. Many divorced individuals rely on child support to help offset the cost of maintaining a single-income household, with 45% of a poor mother's income coming from child support payments.
To ensure that your spouse cannot claim that you underwent artificial insemination without his or her consent in the event of a divorce, be sure that you have a family law attorney draft contracts stating that you both agree to the insemination process.
2. Complications when a child conceived through artificial insemination attempts to inherit property from his or her parents.
Because children conceived through artificial insemination are done so without the presence of sexual intercourse, it may be possible for the child to be viewed as illegitimate. If your child is attempting to inherit estate property after the passing of you or your spouse, the court may prevent this inheritance due to illegitimacy.
Some courts will recognize a child conceived through artificial insemination as legitimate if the father gave explicit consent for the procedure to occur, but it's important to check with a family law attorney in your area to see what action needs to be taken before the birth of your child in order to ensure legitimacy in matters of probate in the future.
3. Retention of ownership rights should the marriage end before insemination occurs.
If you are using a relative's sperm in order to complete the artificial insemination process because your husband is sterile, you must consider whether or not you will have access to the sperm if your marriage ends before insemination occurs.
Donated sperm must be kept frozen for a period of 6 months. During that time, you may decide to divorce. If you still want to have the baby on your own, you should consult with a family law attorney to determine your rights in relation to using the donated sperm sample.
The legal issues associated with artificial insemination can be complex. Consulting with an attorney will help you explore potential problems, and address them before they cause significant issues in the future.
For more information, contact Myers Law Firm LLC or a similar organization.Share