Legal Question in Family Law in California

Seeking information for someone who willingly had sex with a female to give her a child. The mother wanted a child because she is 37 and is reaching the age where she soon can't bear children. How can I keep my friend safe in knowing she will not come after him for money. We have emails stating she wants nothing but his sperm. I am concerned she will somehow come after him for money eventually. Does he not sign the birth certificate? Should the mother and father sign some kind of paperwork with an attorney? Any help is appreciated, please advise. PS- we are in California and the father is not a US resident, currently here on working visa.

Thanks you in advance.


Asked on 5/15/12, 1:27 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That was incredibly foolish. The only way to donate sperm and not be on the hook for child support is to use the services of a licensed physician, through artificial insemination.

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Answered on 5/16/12, 9:51 am

Mr. Roach is entirely correct. My partner and I wanted to do something similar for opposite reasons. She wanted to be sure that if we broke up she would have sole control of our child. I found that preferable to her using a sperm donor, but when we went to try to make that agreement legally enforceable we found it was legally impossible. If you father a child without medical intervention, you can be held legally responsible at any time that any interested party (usually the mother or the child, but sometimes state welfare agencies or others) decides to seek a paternity determination.

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Answered on 5/16/12, 4:42 pm


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