Friday, March 15, 2013

Cryopreservation of Semen Does Not Make the Donor a Parent.

Burns v. Burns, 2012 UT 71, Utah Supreme Court, October 12, 2012

Husband was diagnosed with cancer and preserved his semen prior to chemotherapy.  Husband died and Wife used the sperm for artificial insemination.  Wife gave birth and applied for social security benefits for the child and listed deceased-husband as the father.  Social security denied Mother’s claims.  Mother requested that the Federal District Court review the administrative to the federal district court.  The Federal Court sent the question of law to the Utah Supreme Court to determine if the donor could be a Father under Utah law.

The Supreme Court found that in order to be a parent of a child who resulted from cryopreserved semen or embryo, the donor must agree in a record and consent to be considered the parent of said -child.  (See U.C.A. 78B-15-707). Husband never signed an agreement consenting to being the parent of a child conceived posthumously and as such is not considered a parent.

Full opinion available at

No comments:


:: By using this blog site you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog site should not be used as a substitute for competent legal advice from a licensed attorney in your state.::


:: (c) 2009-2014 D. Grant Dickinson some rights reserved ::