Showing posts with label paternity rights. Show all posts
Showing posts with label paternity rights. Show all posts

Wednesday, August 17, 2011

Why Buy the Cow...



More Unwed Parents Live Together, Report Finds

WASHINGTON — The number of Americans who have children and live together without marrying has increased twelvefold since 1970, according to a report released Tuesday. The report states that children now are more likely to have unmarried parents than divorced ones.

The report was published by the National Marriage Project, an initiative at the University of Virginia, and the Institute for American Values, two partisan groups that advocate for strengthening the institution of marriage. The report argues that the rise of cohabitation is a growing risk for children, and that their lives are less stable in such families.

The report cites data from the Census Bureau as well as the Centers for Disease Control and Prevention, and includes work from 18 researchers who study family issues.

According to the National Survey of Family Growth, part of the Centers for Disease Control, 42 percent of children have lived with cohabiting parents by age 12, far more than the 24 percent whose parents have divorced.

The numbers also suggest a correlation with class. Americans with only a high school diploma are far more likely to cohabit than are college graduates, according to the report.

“There’s a two-family model emerging in American life,” said W. Bradford Wilcox, director of the National Marriage Project and an associate professor of sociology at the University of Virginia. “The educated and affluent enjoy relatively strong, stable families. Everyone else is more likely to be consigned to unstable, unworkable ones.”

Cohabiting parents, Mr. Wilcox said, are more than twice as likely to break up as parents who are married.

The increase in unmarried couples cohabitating and having children swept poor communities beginning in the late 1960s, Mr. Wilcox said, citing data from the National Survey of Family Growth, and now has moved into working class and lower-middle-class families.

Out-of-wedlock births among white women with a high school diploma rose more than sixfold in recent decades, the report said, jumping to 34 percent in the late 2000s, from 5 percent in 1982. In contrast, the rate for white college graduates stayed flat at about 2 percent.

While births to white women in cohabiting relationships rose by about two-thirds from the early 1990s to the mid-2000s, the proportion jumped by about half for black women and nearly doubled for Hispanic women, though that increase was affected by a large influx of immigrants, said Sheela Kennedy, a research associate at the Minnesota Population Center, which conducts demographic studies and whose work was cited in the new report.

“There’s growing evidence that families that would be unstable anyway are just skipping marriage,” Ms. Kennedy said.

The report cited studies in the Journal of Marriage and Family, and in Sociology of Education, asserting that children in cohabiting families tend to perform worse in school and be less psychologically healthy than those whose parents are married.

It also cited a 2010 report on child abuse by the federal Department of Health and Human Services that found that children living with two married biological parents had the lowest rates of harm — 6.8 per 1,000 children — while children living with one parent who had an unmarried partner in the house had the highest incidence, at 57.2 per 1,000 children.



Monday, August 16, 2010

Sperm Donation and Law



WHAT IS THE LAW REGARDING SPERM DONORS AND PATERNITY RIGHTS/CHILD SUPPORT OBLIGATIONS?











So, I keep seeing ads for Jennifer Aniston's new film, The Switch. In the age of independent women, single moms, and vanishing importance of men, what is the law regarding sperm donation???

Short answer: sperm donors (known or unknown) have no paternity rights or obligations IF the sperm donation is done CORRECTLY, through licensed physician or licensed spem bank.

The relevant law is CA Family Code 7613:

(a) If, under the supervision of a licensed physician and
surgeon and with the consent of her husband, a wife is inseminated
artificially with semen donated by a man not her husband, the husband
is treated in law as if he were the natural father of a child
thereby conceived. The husband's consent must be in writing and
signed by him and his wife. The physician and surgeon shall certify
their signatures and the date of the insemination, and retain the
husband's consent as part of the medical record, where it shall be
kept confidential and in a sealed file. However, the physician and
surgeon's failure to do so does not affect the father and child
relationship. All papers and records pertaining to the insemination,
whether part of the permanent record of a court or of a file held by
the supervising physician and surgeon or elsewhere, are subject to
inspection only upon an order of the court for good cause shown.

(b) The donor of semen provided to a licensed physician and
surgeon or to a licensed sperm bank for use in artificial
insemination or in vitro fertilization of a woman other than the
donor's wife is treated in law as if he were not the natural father
of a child thereby conceived.

So...what if the parties had a previous intimate relationship which did not lead to conception - but the sperm donation did?

Case on point:
STEVEN S., Plaintiff and Respondent, v. DEBORAH D., Defendant and Appellant.

COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FOUR

There, Steven and Deborah had agreement that Steven would be sperm donor. Deborah was artificially inseminated by Steven's semen, and got pregnant. However, the pregnancy was not to term. Later, Steven and Deborah had sexual relationship, but Deborah never got pregnant. They broke up. After they broke up, Deborah used Steven's sperm again, and this time, got pregnant and had baby.

Trial Court held that 7613 does not apply, and accorded paternity rights to Steven.

Appeal Court disagreed, and held for Deborah - NO paternity rights for Steven. Appeal Court reaffirmed the Legislative intent of FC 7613 - which is protection of the right of women to bear children through sperm donors without fear of paternity claims, and also to protect sperm donors from child support obligations.