Full question:
I am in a Domestic Partnership legally and just had a child. We are two women and our friend donated the sperm for insemination. He wants us to get a legal document so that we are protected. He wants absolutely nothing to do with the child. Is there a form that we could have him sign stated that he gives up his paternal rights? He is not on the birth certificate. My partner and myself are. Thank you!
- Category: Paternity
- Subcategory: Termination of Parental Rights
- Date:
- State: Oregon
Answer:
In Oregon, children born to registered Domestic Partners are recognized as the children of both mothers under state law. However, this legal recognition may not apply outside of Oregon. If you leave the state, the non-biological mother may not be considered a legal parent, even if her name is on the birth certificate. To ensure legal parenthood in all states, the non-birth mother should consider adopting the child.
If the sperm donor does not voluntarily terminate his parental rights, it could create issues for the child in other states. In Oregon, parental rights cannot be relinquished unless it is part of an adoption process where another person assumes parental responsibilities.
According to Oregon law, parental rights can only be terminated through a court petition, typically for adoption purposes, and must be in the best interest of the child (Oregon Revised Statutes § 419B.500). One parent's rights can be terminated without affecting the other parent's rights. Grounds for termination include extreme conduct, neglect lasting six months or more, or abandonment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.