Legal Question in Family Law in Massachusetts

unborn child

My partner and I are planning on having a baby. A good friend of ours offered to donate his sperm to allow us to do so. He said he would sign over all parental rights. How do we go about doing that???


Asked on 6/12/09, 3:44 pm

2 Answers from Attorneys

Re: unborn child

You need to get a formal release of his rights. You should have an attorney assist you with this. If you and your partner are not planning to get married, then the one not acting as the birth mother will need to adopt the baby to have legal parental rights.

I wish you a very happy and healthy child.

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Answered on 6/12/09, 3:50 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: unborn child

First, you and the donor should execute a sperm donor agreement.

Secondly, as attorney Roth indicated, the sperm donor will need to execute an adoption surrender and relinquish his parental rights. This can not be done until several days after the child is born.

You should then proceed to have the non-birth month adopt the child together with you to ensure that the parent-child is recognized regardless of change in state or federal law with respect to same-sex marriage.

I represent clients in adoption throughout the state, and specifically represent the LGBT community in matters of family creation and dissolution.

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Answered on 6/12/09, 3:58 pm


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