This chapter considers the paternity of the fertile man who donates sperm so that an unmarried woman can conceive his child. The donor may be someone whom the woman knows or someone who makes a contribution to a sperm bank. Under most state statutes, the sperm donor is never acknowledged as the legal father of the child. The statutes do not make a distinction between known and anonymous sperm donors. However, in some states, the sperm donor may agree to be a father to the child. Courts will usually recognize these agreements. A sperm donor may also be recognized as the legal father of the child if he does not comply with the state's artificial insemination statute. States without statutes tend to treat known sperm donors differently from anonymous sperm donors. While anonymous sperm donors are generally protected from parental obligations, at least one court has recognized a known sperm donor as the legal father of the children created using his genetic material.
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