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Unif. Parentage Act § 102(9) (2017).
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1What is artificial insemination?
What is artificial insemination?2In general, do the donors of sperm used in artificial insemination have any parental rights or obligations regarding the children who are born as a...
In general, do the donors of sperm used in artificial insemination have any parental rights or obligations regarding the children who are born as a result of this process?3Despite the general rule that a sperm donor is not a legal parent, will some states recognize an agreement between the donor and the mother that th...
Despite the general rule that a sperm donor is not a legal parent, will some states recognize an agreement between the donor and the mother that the donor will have parental rights and obligations?4If a woman undertakes artificial insemination without a physician’s supervision, using a known sperm donor, will some states find the donor to be t...
If a woman undertakes artificial insemination without a physician’s supervision, using a known sperm donor, will some states find the donor to be the legal parent of the resulting child?5Will some states enforce a contract between a woman and a known sperm donor that relinquishes the donor’s parental rights in exchange for the woman...
Will some states enforce a contract between a woman and a known sperm donor that relinquishes the donor’s parental rights in exchange for the woman’s agreement not to seek child support?6A man donated sperm to a woman at his home, without sexual intercourse. The woman later used the sperm to impregnate herself at her own home. The w...
A man donated sperm to a woman at his home, without sexual intercourse. The woman later used the sperm to impregnate herself at her own home. The woman gave birth to a child as a result of the artificial insemination and sued the man for child support. The state statute regarding artificial insemination provided: “A man who donates sperm to a medical clinic for use in artificial insemination shall not be deemed to be the father of any resulting child. A man shall have full parental responsibility for any child resulting from any nonclinical donation of sperm.” Will the man be required to pay child support?7In general, if a child born to a married woman was conceived by use of artificial insemination, is the woman’s husband considered to be the child’s...
In general, if a child born to a married woman was conceived by use of artificial insemination, is the woman’s husband considered to be the child’s legal father?8Will some courts infer that a husband consents to his wife’s use of artificial insemination if the husband knows of the wife’s use of the procedure...
Will some courts infer that a husband consents to his wife’s use of artificial insemination if the husband knows of the wife’s use of the procedure and does not object?9Under the Uniform Parentage Act (UPA), may a woman’s same-sex partner be considered the legal parent of a child conceived through artificial insemi...
Under the Uniform Parentage Act (UPA), may a woman’s same-sex partner be considered the legal parent of a child conceived through artificial insemination?10Under the UPA, under what circumstances is a person deemed to consent to a woman’s use of artificial insemination with the intent to be a parent to...
Under the UPA, under what circumstances is a person deemed to consent to a woman’s use of artificial insemination with the intent to be a parent to the woman’s child?11Under the UPA, under what circumstances may a woman’s spouse dispute parentage of a child who was conceived through artificial insemination?
Under the UPA, under what circumstances may a woman’s spouse dispute parentage of a child who was conceived through artificial insemination?12A mother, who was legally married to a woman, underwent clinical artificial insemination with sperm from an anonymous donor. The mother gave birth ...
A mother, who was legally married to a woman, underwent clinical artificial insemination with sperm from an anonymous donor. The mother gave birth to a child as a result of this artificial insemination. The couple had expressly agreed before the conception that both partners would be the parents of the child. At the child’s birth, the hospital did not allow the biological mother to name her wife as the other parent on the child’s birth certificate. The couple petitioned the court to have the wife named as the child’s other parent on the child’s birth certificate. The state follows the UPA provisions on the parentage of children born through artificial insemination.Will the couple prevail?13Two women were in a same-sex partnership that was not a legal marriage. One of the women conceived a child through clinical artificial insemination...
Two women were in a same-sex partnership that was not a legal marriage. One of the women conceived a child through clinical artificial insemination using sperm provided by an anonymous donor and gave birth. The two women cohabited and raised the child together during the first three years of the child’s life while holding the child out as their own. The women later separated. The state in which the women and the child live follows the UPA provisions on parenthood of children conceived through artificial insemination.Can the partner who did not give birth to the child be held liable for child support?14A woman was the biological mother of a child who was conceived via a sperm donor who had legally waived his parental rights to the child. The mothe...
A woman was the biological mother of a child who was conceived via a sperm donor who had legally waived his parental rights to the child. The mother’s same-sex partner lived with the mother and child for the first five years of the child’s life. The mother and her partner had a written agreement for co-parenting of the child, including shared custody in the event of their breakup. The state had adopted the UPA. The mother and her partner ended their relationship, and the mother refused to give the partner any custodial time with the child. Does the partner have a valid claim for custody?15What is in vitro fertilization (IVF)?
What is in vitro fertilization (IVF)?16What is gestational surrogacy?
What is gestational surrogacy?17What is a gestational-surrogacy agreement?
What is a gestational-surrogacy agreement?18Do some states refuse to enforce gestational-surrogacy agreements?
Do some states refuse to enforce gestational-surrogacy agreements?19Are gestational-surrogacy agreements enforceable in many states and under the UPA?
Are gestational-surrogacy agreements enforceable in many states and under the UPA?20Under the UPA, what are the eligibility requirements for the parties to form a valid gestational-surrogacy agreement?
Under the UPA, what are the eligibility requirements for the parties to form a valid gestational-surrogacy agreement?21Under the UPA, must a gestational-surrogacy agreement be contained in a signed, notarized writing?
Under the UPA, must a gestational-surrogacy agreement be contained in a signed, notarized writing?22Under the UPA, if a gestational surrogate has a spouse when the agreement is executed, must the spouse be a party to the agreement?
Under the UPA, if a gestational surrogate has a spouse when the agreement is executed, must the spouse be a party to the agreement?23Under the UPA, must the intended parents pay the gestational surrogate’s legal fees for the surrogacy process?
Under the UPA, must the intended parents pay the gestational surrogate’s legal fees for the surrogacy process?24Under the UPA, by what stage of the surrogacy process must a gestational-surrogacy agreement be executed?
Under the UPA, by what stage of the surrogacy process must a gestational-surrogacy agreement be executed?25Under the UPA, must a gestational-surrogacy agreement allow the gestational surrogate to make all health and welfare decisions regarding herself an...
Under the UPA, must a gestational-surrogacy agreement allow the gestational surrogate to make all health and welfare decisions regarding herself and her pregnancy?26Under the UPA, if a gestational surrogate or an intended parent marries after executing the surrogacy agreement, does the marriage affect the child...
Under the UPA, if a gestational surrogate or an intended parent marries after executing the surrogacy agreement, does the marriage affect the child’s parentage or any other aspects of the surrogacy agreement?27Under the UPA, may a gestational surrogate be compensated for the surrogacy?
Under the UPA, may a gestational surrogate be compensated for the surrogacy?28Do a few states allow uncompensated gestational-surrogacy agreements while disallowing compensated gestational-surrogacy agreements?
Do a few states allow uncompensated gestational-surrogacy agreements while disallowing compensated gestational-surrogacy agreements?29Under the UPA, under what conditions may a party to a gestational-surrogacy agreement terminate the agreement?
Under the UPA, under what conditions may a party to a gestational-surrogacy agreement terminate the agreement?30Under the UPA, if an intended parent under a gestational-surrogacy agreement dies after an embryo transfer but before the child’s birth, is the dec...
Under the UPA, if an intended parent under a gestational-surrogacy agreement dies after an embryo transfer but before the child’s birth, is the deceased deemed to be the child’s legal parent?31In general, under the UPA, if an intended parent under a gestational-surrogacy agreement dies before an embryo transfer, is the deceased deemed to ...
In general, under the UPA, if an intended parent under a gestational-surrogacy agreement dies before an embryo transfer, is the deceased deemed to be the child’s legal parent?32Under the UPA, may a party to a surrogacy agreement obtain a judgment to declare the child’s parentage and enforce the agreement?
Under the UPA, may a party to a surrogacy agreement obtain a judgment to declare the child’s parentage and enforce the agreement?33A male same-sex couple wished to become parents. The couple entered a valid gestational-surrogacy agreement with a woman who agreed to be their ges...
A male same-sex couple wished to become parents. The couple entered a valid gestational-surrogacy agreement with a woman who agreed to be their gestational surrogate. The woman was implanted with an embryo made from one of the men’s sperm and a donor egg. The surrogate and the egg donor both waived their parental rights to the child. The state follows the UPA provisions on gestational surrogacy.Once the child is born, may both men in the couple be named as parents on the birth certificate?34Do states that enforce gestational-surrogacy agreements typically allow pre-birth and post-birth orders?
Do states that enforce gestational-surrogacy agreements typically allow pre-birth and post-birth orders?35Under the UPA, may the intended parents obtain specific performance of any provision in a surrogacy agreement that requires the surrogate to be imp...
Under the UPA, may the intended parents obtain specific performance of any provision in a surrogacy agreement that requires the surrogate to be impregnated, terminate or refrain from terminating a pregnancy, or submit to medical procedures?36What is genetic surrogacy, as distinguished from gestational surrogacy?
What is genetic surrogacy, as distinguished from gestational surrogacy?37Do some states refuse to recognize genetic-surrogacy agreements while recognizing gestational-surrogacy agreements?
Do some states refuse to recognize genetic-surrogacy agreements while recognizing gestational-surrogacy agreements?38Does the UPA recognize both gestational surrogacy and genetic surrogacy?
Does the UPA recognize both gestational surrogacy and genetic surrogacy?39A genetic surrogate was inseminated with the intended father’s sperm under a valid genetic-surrogacy agreement. The surrogate became pregnant and g...
A genetic surrogate was inseminated with the intended father’s sperm under a valid genetic-surrogacy agreement. The surrogate became pregnant and gave birth to a child. Two days after giving birth, the surrogate delivered to the intended parents a properly executed notice that she wished to terminate the agreement and keep the child. The intended parents contended that the agreement was enforceable and that they were entitled to the child. The state had adopted the UPA. Are the intended parents correct that the surrogacy agreement remains enforceable?40May a state uphold some portions of a traditional surrogacy contract but strike down other portions of the surrogacy contract?
May a state uphold some portions of a traditional surrogacy contract but strike down other portions of the surrogacy contract?41A gestational surrogate entered a gestational-surrogacy agreement with a married couple. The agreement complied with all legal prerequisites for it...
A gestational surrogate entered a gestational-surrogacy agreement with a married couple. The agreement complied with all legal prerequisites for its formation. The agreement provided that the surrogate would relinquish all parental rights and surrender the child to the couple at birth. The agreement also provided that the couple would be the child’s sole legal parents. The surrogate became pregnant and gave birth to a child under the agreement. When the child was born, however, the surrogate refused to surrender the child and stated that she wanted to terminate the surrogacy agreement. The state follows the UPA provisions regarding gestational-surrogacy agreements. May the gestational-surrogate terminate the surrogacy agreement after the birth of the child?42Under the UPA, is a valid gestational-surrogacy agreement sufficient to make the intended parents the sole legally recognized parents of the child?
Under the UPA, is a valid gestational-surrogacy agreement sufficient to make the intended parents the sole legally recognized parents of the child?43A married couple wished to become parents but were unable to have children. The couple contracted with a woman to be a gestational surrogate and be...
A married couple wished to become parents but were unable to have children. The couple contracted with a woman to be a gestational surrogate and be implanted with an embryo made of sperm and egg from anonymous donors. All parties lived in the same state, which followed the UPA. The surrogate was implanted with the embryo from donated genetic material and gave birth to a child. May the surrogate petition for custody of the child?44Under the UPA, if a child born to a gestational surrogate turns out to be the genetic child of the gestational surrogate, how is parentage determined?
Under the UPA, if a child born to a gestational surrogate turns out to be the genetic child of the gestational surrogate, how is parentage determined?45Under the UPA, if a clinical or laboratory error in the surrogacy process results in the birth of a child who is not genetically related to the int...
Under the UPA, if a clinical or laboratory error in the surrogacy process results in the birth of a child who is not genetically related to the intended parents or to someone who donated genetic material to the intended parents, who will be the child’s legal parents?46In general, does a woman who anonymously donates eggs for IVF have any parental rights or obligations as to the resulting children?
In general, does a woman who anonymously donates eggs for IVF have any parental rights or obligations as to the resulting children?47Will some states enforce a contract between a woman and a known egg donor that relinquishes the donor’s parental rights in exchange for the woman’s...
Will some states enforce a contract between a woman and a known egg donor that relinquishes the donor’s parental rights in exchange for the woman’s agreement not to seek child support from the donor?48A woman decided to become pregnant by IVF. The woman planned to have an embryo formed from her husband’s sperm and a donor’s egg implanted in her u...
A woman decided to become pregnant by IVF. The woman planned to have an embryo formed from her husband’s sperm and a donor’s egg implanted in her uterus. The woman formed a written contract with the egg donor, providing that the donor would have no parental rights regarding the child. The procedure was successful, and the woman gave birth to a child.Is the state likely to recognize the woman, and not the egg donor, as the legal mother of the child?49In general, if a married woman gives birth to a child who was conceived through IVF using a donor egg, is the woman’s husband considered to be the ...
In general, if a married woman gives birth to a child who was conceived through IVF using a donor egg, is the woman’s husband considered to be the child’s legal father?50Under the UPA, under what circumstances may a woman’s spouse dispute parentage of a child who was conceived through IVF?
Under the UPA, under what circumstances may a woman’s spouse dispute parentage of a child who was conceived through IVF?51Will some courts infer that a husband consents to his wife’s use of IVF if the husband knows of the wife’s use of the procedure and does not object?
Will some courts infer that a husband consents to his wife’s use of IVF if the husband knows of the wife’s use of the procedure and does not object?52Under the UPA, can a woman’s same-sex partner be considered to be the legal parent of a child conceived through IVF?
Under the UPA, can a woman’s same-sex partner be considered to be the legal parent of a child conceived through IVF?53Under the UPA, under what circumstances is a person deemed to consent to a woman’s use of IVF with the intent to be a parent to the woman’s child?
Under the UPA, under what circumstances is a person deemed to consent to a woman’s use of IVF with the intent to be a parent to the woman’s child?54Will some states recognize the legal parentage of a woman who gives birth to a child conceived from her female partner’s egg?
Will some states recognize the legal parentage of a woman who gives birth to a child conceived from her female partner’s egg?55What is the contractual model for determining the ownership of frozen embryos retained after IVF?
What is the contractual model for determining the ownership of frozen embryos retained after IVF?56What is the contemporaneous-mutual-consent model for determining the ownership of frozen embryos retained after IVF?
What is the contemporaneous-mutual-consent model for determining the ownership of frozen embryos retained after IVF?57What is the balancing model for determining the ownership of frozen embryos retained after IVF?
What is the balancing model for determining the ownership of frozen embryos retained after IVF?58What are the three primary models for determining the ownership of frozen embryos retained after IVF?
What are the three primary models for determining the ownership of frozen embryos retained after IVF?