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Going Solo
The Pursuit of Single Motherhood
By Teri Brown
Once your basic decisions are made, it's as easy as finding an adoption agency, visiting the sperm bank or scheduling a late-night rendezvous with a male friend, right? Wrong. Susan B. Apel, professor of law and the director of the general practice program for the Vermont Law School, suggests that women should first see a lawyer about the legal aspects of their choice.
"I think any woman who is considering having a child should speak with a lawyer – one who is knowledgeable about family issues – to obtain the best legal advice," she says. "When it comes to family law, each state may be different, and it is important to seek advice from an attorney in your state before doing anything else." Because the use of reproductive technologies is recent, it has resulted in many court cases over numerous issues, says Apel. Women need to know the risks of proceeding to have a child in what is still viewed as a less than conventional manner.
Apel says that, generally speaking, the legal status of sperm donors is that they are just that and nothing more. Should a donor attempt to obtain custody, they would most likely be unsuccessful. But she is also quick to point
out that since the law in this area is relatively new and evolving, it is possible that a sperm donor could bring such a case. However, most states agree and have laws that state that a sperm donor is not a legal parent. Again, check with a lawyer to be sure of what the law says in your state.
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