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An increasing number of people conduct fertility tests these days. This can help people determine what is stopping them from conceiving children. Fertility tests normally require the consent of both the partners. Fertility related issues can be frustrating and can cause issues in a marriage that can further lead to various legal questions about fertility laws. It is always better to be informed about the law before taking any hasty decision that may cause further complications. Below are answers to some of the most commonly asked questions about fertility laws: Can a woman in Texas use her ex-husband’s sperm without consent in the couple is divorced?
Though there is no law that encourages or prohibits the use of a divorced husband's sperm by a woman in the state of Texas, if the sperm belongs to a certain individual, then the woman may not be allowed to use it without his consent. The man whose sperm is used would typically be liable for child support if the sperm is used. The doctors may not even have the rights to release someone’s sperm without their consent because of the legal implications. Can a man be freed from paying child support if a woman gets pregnant from artificial insemination?
A sperm donor may not be legally obliged to pay child support as long as he does not go to court to test for paternity. He can go to court and file a petition if at a later date; he wants to apply for custody. One must draw a proper agreement absolving the donor of financial obligations towards the child in order to make sure that no problems arise at a later date. A fertility clinic stated that the child belonged to a donor. But a DNA test proved otherwise. Can a fertility clinic be sued in such a situation?
A fertility clinic may sue for breach of contract, fraud, malpractice and negligence if they stated that they would use the sperm of a particular donor but did not. However, the decisions taken may defer from case to case and all facts may be taken into consideration before a decision is made. Can a clinic give a woman someone's sperms without seeking the husband’s consent?
There is no law that forces a clinic to take the husband’s consent as long as the woman is of legal age. In many cases, if the sperm that is provided does not belong to the husband, then his consent may not be required. However, if the husband plays the role of the father then in case of a divorce or separation at a later date, he/she may be required to pay child support if the sperm donation had occurred without his consent. Couples many times can have trouble having children. The issue could either be with the male or the female partner. One may look for sperm donors or fertility treatments in such cases. One must be aware of fertility laws when one takes such decisions. You may ask a family lawyer if you do not much about fertility laws and need more information.
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