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Papa's BabyPaternity and Artificial Insemination$
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Browne C. Lewis

Print publication date: 2012

Print ISBN-13: 9780814738481

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814738481.001.0001

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The Non-Consenting Man

The Non-Consenting Man

Chapter:
(p.59) 3 The Non-Consenting Man
Source:
Papa's Baby
Author(s):

Browne C. Lewis

Publisher:
NYU Press
DOI:10.18574/nyu/9780814738481.003.0004

This chapter discusses the paternity of the non-consenting husband in situations where the wife uses the sperm of a donor to conceive a child. The paternity of the woman's husband is determined by focusing on his actions. In the majority of jurisdictions, if a man does not consent to the artificial insemination of his wife using another man's sperm, he is not the legal father of the resulting child. Most statutes require that the husband's consent be in writing. However, some courts and legislatures have stated that the man's consent may be implied by his actions. A few statutes presume that the woman's husband is the legal father of the child even if he does not consent to the artificial insemination.

Keywords:   paternity, artificial insemination, non-consenting husband

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