Can Sperm Donors Be Prevented From Asserting Paternity?

Sperm donors typically have no interest in asserting parental rights in the children who result from the use of their donations — donors are content with the free porn and nominal compensation ($30-$200).

Most states have statutes providing that a sperm donor is not a parent unless the donor and donee agree otherwise in writing or unless they are married.

The constitutionality of these statutes is now in question.  In a Kansas case, the donor, Daryl Hendrix, alleges that the applicable statute violates his constitutional rights as a parent, especially because the donor and donee, Samantha Harrington, were known to each other prior to the insemination.

The Kansas Supreme Court heard oral arguments on December 4, 2006 and a decision is expected in February 2007.

See Steve Fry, Court weighs parental rights, Topeka Capital-Journal, Dec. 5, 2006 & Joan Biskupic, Court weighs parental rights of sperm donors, USA Today, Jan. 5, 2007.