How Does a Sperm Donor Avoid Parental Obligations of Support Before the Birth of the Child?
Full Question:
Answer:
When the sperm donor is known to the parties, it is important that the parties enter into an agreement outlining their rights and obligations in relation to who will be raising the child. a pre-birth order petition may be filed in some cases. The executed petition with affidavits attached are sent to the state Department of Health for the signing of a stipulation by the department that a pre-birth order is recommended and that the department will issue a birth certificate at the time of child's birth with the names of the intended parents as the legal parents of the child. This step helps remove the legal status as the parent from the donor.
Once a stipulation from the Department of Health is received, counsel for the intended parents must secure an order of court in the county where the birth will take place that approves the pre-birth order and declares that the intended parents are the legal parents of the child to be born.
The pre-birth order prevents naming the donor as father on the birth certificate and having to have his parental rights legally terminated. A pre-birth order also avoids the necessity of the partner who did not genetically participate in the creation of the child going through adoption of the child. I suggest you contact a local attorney who can review all the facts and documents involved.
