Biological mother, who conceived child through in vitro fertilization (IVF), using a known sperm donor, and her same-sex spouse filed a joint petition for adoption. The Supreme Judicial Court held that: (1) a sperm donor is not among those from whom consent is required as a prerequisite to adoption; (2) statute, providing that any child born to a married woman as a result of artificial insemination with the consent of her husband, shall be considered the legitimate child of the mother and such husband, confers legal parentage only upon the mother’s consenting spouse, not the sperm donor; and (3) adoption statute does not require the lawful parents of a child to give notice of the petition for adoption to a known sperm donor.
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com