Legal Question in Family Law in California

A friend of mine recently asked if I would donate sperm "by sex" to help her get pregnant. Will be her second child, I expressed my concerns that I would like to be kept discrete. I want to help her and give her all the rights to the child and just in case want to protect myself if for any reason something between us causes her to seek "vengeance." Just curious about how to proceed if you have any tips or a form, something I could use to show an equal negotiation of some sorts took place with keeping me discrete in mind.... Thank you!


Asked on 3/05/11, 12:10 am

3 Answers from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

I know it is really hard to avoid paying child support if she decided to keep it. Parents cannot waive child support.Kristine M. v. David P. (2006)135 Cal.App.4th 783 , 37 Cal.Rptr.3d 748

You can terminate your right but unless they are adopted, you are can be on hook for child support.

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Answered on 3/05/11, 5:28 pm
Anthony Roach Law Office of Anthony A. Roach

The only way to avoid a future finding of paternity, which puts you on the hook for child support further on down the road, and struggles over visitation and custody, is to use artificial insemination under the supervision of a licensed physician and surgeon.

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Answered on 3/05/11, 8:14 pm

The previous answers are correct. My partner and I wanted to have a child that would be entirely legally hers (her choice). We had all the paperwork drawn up and were using artificial means. The "medical intervention" didn't work at first, so we decided to "take a break." The next month she got pregnant the old fashioned way. When we went to her lawyer to have the paperwork modified we found out that when the pregnancy is by sexual intecourse there is no way to "opt out." I can't say if she is trying to scam you or just doesn't know how the law works, but DO NOT conceive a child by natural methods unless you want and intend to be the full-blown father, all rights AND obligations included.

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Answered on 3/07/11, 12:05 pm


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