Known Sperm Donor Need Not Receive Notice Of Adoption Of Child Conceived Through IVF

A and B, a married same-sex couple, petitioned for joint adoption of their son, N, who was conceived through IVF using a known sperm donor and born to A during the marriage. A and B appear on the birth certificate as N’s parents. The trial court denied the petition, holding that the sperm donor must receive notice of the adoption.

In In re Adoption of a Minor, 29 N.E.3d 830 (Mass. 2015), The Massachusetts Supreme Judicial Court transferred the issue on its own motion, reversed the trial court and remanded, holding that because A and B are N’s only lawful parents, the child having been born through assisted reproduction to A with the consent of her spouse, and that the possibility that the sperm donor could establish parentage does not require notice of the adoption. 

Special thanks to William LaPiana (Professor of Law, New York Law School) for bringing this case to my attention.