High-profile custody battle raises questions about sperm donor rights.

The parental rights and responsibilities of sperm and egg donors can get pretty confusing, with courts across the country issuing conflicting opinions. Before donating sperm or eggs to another couple or conceiving a child using those materials, it is highly advisable to consult an attorney to help you understand the custody rights and support obligations that may result.

In California, we have a state law that was designed to strip the rights from anonymous donors so that they could help others conceive without fear of being targeted for child support later. However, it turns out that this law actually leaves two scenarios where a donor can have custody rights and child support obligations.

First of all, the law requires that a licensed medical professional be involved in the process. If the parties decide to do an informal donation, the protection of the law is lost. The donor can make a custody claim and the recipient can ask for support.

Secondly, the law can be overridden by another law, which provides for any individual who develops an intimate parental relationship with a child to petition for custody of that child. This is known as “psychological parenthood.”

This second scenario has garnered national media attention recently in a Hollywood paternity battle involving “Lost Boys” star Jason Patric. Patric donated sperm for his former girlfriend, Danielle Schreiber, to use in conceiving a child in 2008. When Schreiber suddenly cut off all contact with him in 2012, Patric took her to court in an attempt to get custody rights for what he regarded as his son.

Schreiber said that she had always intended to raise her son alone. However, by allowing Patric to play a role in the child’s life early on, she undermined her legal ability to do so. Patric said that he saw his son regularly, helped with things like toilet training, and was even referred to as “Dada” by Schreiber in front of the child. The court found that Patric had developed a strong relationship with the child, and that losing that relationship was not in the best interests of the child. Therefore, the court found that Patric did have the ability to seek custody, despite his sperm donor status.

This case is regarded to have set an important precedent for paternal rights of sperm donors. However, it is important to note that the street goes both ways—if the donor can have custodial rights, they can also be targeted for child support.

If you are involved in any kind of child custody dispute with your child’s natural parent, donor parent, stepparent, psychological parent, etc., contact the Law Offices of Torrence L. Howell for expert representation.