The FDA, which regulates sperm banks, has issued Arsenault a cease-and-desist order. It states Arsenault's Fremont "firm" is distributing semen and is therefore a "manufacturer of human cells, tissues, and cellular and tissue-based products."I like how they "slipped it in" there.
The FDA, which regulates sperm banks, has issued Arsenault a cease-and-desist order. It states Arsenault's Fremont "firm" is distributing semen and is therefore a "manufacturer of human cells, tissues, and cellular and tissue-based products."I see their point but going after this guy seems completely ridiculous. I mean, couldn't they go after any male prostitute based on that theory? Even though it's weird isn't it still consensual sexual activity?
Some jurisdictions have adopted a version of the Uniform Parentage Act (either the 1973 version or the 2000 version), which tries to settle some of these issues. Among other things, the act makes clear that in most cases donors aren't parents. But only about a third of the states have adopted some version of the UPA, and in states that have, courts tend to interpret the law narrowly. For example, several cases under the 1973 version of the act hold that the donor provisions don't bar claims involving known sperm donors unless the sperm was obtained and implanted by a licensed physician.posted by muddgirl at 8:33 AM on February 6
He considered his relationship with his recipients to be “intimate.” Why should the government regulate what he was doing, when anyone, with who knew what health issues, could walk into a bar and have a one-night stand?If you walk into a bar and have a one-night-stand that results in a pregnancy, you are responsible for caring for that progeny.
Some jurisdictions have adopted a version of the Uniform Parentage Act (either the 1973 version or the 2000 version), which tries to settle some of these issues. Among other things, the act makes clear that in most cases donors aren't parents. But only about a third of the states have adopted some version of the UPA, and in states that have, courts tend to interpret the law narrowly. For example, several cases under the 1973 version of the act hold that the donor provisions don't bar claims involving known sperm donors unless the sperm was obtained and implanted by a licensed physician."I was not saying that donors have nothing to worry about. However, most court cases (including the one mentioned in that link which was won by the donor on appeal in 2008, a year after that answer was written) do indeed come out in favor of the donor. That's clearly not a guarantee, and each case circumstances definitely matter. Worth noting that the case mentioned in your link before the Pennsylvania Supreme Court was won by the donor in 2008, too.
I just noticed my mental outcomes link probably wasn't the best choice for the point I was trying to make (since that study actually is somewhat contrary to the mutation theory); but the Wikipedia article on paternal age effect links to a wide range of mental and physical health studies.Whatever point you were trying to make isn't clear at all. It just list some diseases which are mostly uncommon but potentially slightly 'correlated' with paternal age. Claiming, based on that that "sperm from men over 30 years old is bad" is completely insane, since many men become fathers after that age.
So please ladies, don't use the defective nut garbage of 30+ year old men. For the sake of your future child, shtup the high school boy that cleans your pool or delivers your pizzas. Speaking as a former high school boy I can tell you that everybody wins in this scenario.
Various State Laws Concerning a Known Sperm Donor's RightsTotally didn't occur to me that a contract between donor and recipient might not be legally enforceable. Also I didn't realize that NY law is supposed to determine what's best for the child. Interesting.
California: If you go through a licensed medical professional (even if the insemination is done at home), then the sperm donor automatically loses all claim to the child, and if the mother is married, the husband automatically becomes the legal father (assuming he and the mother sign a consent form to that end).
Oregon: Nearly identical statute to California.
Florida: If you are found to be a "donor" under state law, then all rights/obligations to the child are relinquished, even if the insemination is NOT done through a licensed medical professional. The courts will look to any written contracts in determining the parties' intent on the role of the donor.
Pennsylvania: Any insemination performed outside a licensed insemination facility will not legally be considered "artificial insemination," and the donor will automatically be considered the father of the child, with all the according rights and responsibilities.
New York: Contracts regarding sperm donation between a couple and a donor are generally unenforcable, and the court will only look at the best interests of the child in determining the rights and duties of the donor.
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posted by Fizz at 7:59 AM on February 6