The Uniform Parentage Act governs the determination of parentage of children who are born of parents that are not married. The Act, in various forms, is implemented in the majority of states. One provision of the act provides that if a man provides semen to a licensed physician, for the purpose of inseminating an unmarried woman, the man is legally barred from claiming parentage of the child who results therefrom.
The original basis for the law was a means to allow both unmarried women and women who were married to men who were infertile to have children without fear that the sperm donor would eventually claim some right to the child. Years ago this was, and today in certain instances remains, a just result. But times have changed, medicine had changed and fertility treatments have become more accessible. At the same time, the fabric of family life has also changed. The law needs to accommodate that. Recently introduced in the California Legislature is Senate Bill 115, a bill necessary to clarify the state of the law when a man provides sperm to an unmarried partner, which would allow sperm donors to pursue parental rights in certain situations. The bill is intended to allow a limited class of fathers, those who have brought the children into their homes, and held the children out as their own, to obtain parentage rights to those children. The bill is necessary in order to protect those children from losing a relationship with their fathers.
Read the rest of the article at http://www.huffingtonpost.com/fred-silberberg/senate-bill-115-is-necess_b_3065191.html
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