Sperm Donor Has No Parental Rights

Recently, a court in Florida addressedwhether a sperm donor who donated sperm the “do-it-yourself” way, isentitled to receive parental rights. A.A.B and S.C. were in a seriousrelationship. They wanted to have a child so they asked S.C.’s brother, B.O.C.,to be the sperm donor. B.O.C. did donate his sperm to impregnate A.A.B. afterthree tries the “do-it-yourself” way. However, a few years laterA.A.B and S.C. had a bitter break up and A.A.B. refused to allow S.C. to seethe child. Subsequently, B.O.C filed a cause of action to determine paternityand visitation.

In A.A.B. V. B.O.C.,Jr., the courtheld that the fact that the sperm donor conceived the child the old fashionedway did not automatically rule out the use of section 742.14 that the donor ofsperm shall relinquish all parental rights. The court explained that there wasan agreement that B.O.C. would only be the sperm donor. Even though there wasno written contract, all of the parties agreed to the terms for over fiveyears. Therefore, A.A.B and B.O.C. were not a “commissioning couple”.As a result, because the facts indicate that B.O.C was only a sperm donor hedoes not have any parental rights to the child. 

A.A.B. V. B.O.C.,Jr., 2D11-6273 (Fla. 2d DCA 2013).

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.