SPERM DONOR TO PAY CHILD SUPPORT

Can a sperm donor be required to pay child support?

It depends on the situation.  In Kansas a sperm donor has been found to be the father for the purposes of child support and has been ordered to pay child support.  In that case two women had adopted several children and wanted to have one of their own.  They placed an ad on Craigslist for a sperm donor.  They contracted with a sperm donor and a baby was born.  The two women later split up and the woman who had custody of the child in question then applied for public assistance.  The State of Kansas required the mother to identify the biological father as a condition of receiving public assistance.   He was then ordered to pay child support as the biological father.  Could the same thing happen in Nevada?  Yes.

Nevada law provides that a sperm donor is not the legal father only if the sperm donor goes through a licensed doctor and the sperm is donated to a couple consisting of a husband and wife as defined by Nevada statutes.  In all other situations the sperm donor can be determined to be the father for purposes of child support.   In Nevada even though the biological the parents or donor and donee can agree that there will be no child support obligation, this agreement is not binding on the State when the custodial parent asks for public assistance.  The best practice is terminate the putative father or donor’s parental rights once the child is born.