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.
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