While a sperm donor is precluded from establishing paternity based upon his biological connection to the child, he is not precluded from establishing that he is a presumed parent based upon post-birth conduct. Thus, a sperm donor who has established a familial relationship with the child, and has demonstrated a commitment to the child and the child’s welfare, can be found to be a presumed parent even though he could not establish paternity based upon his biological connection to the child.
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.