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More about SB 115 – Proposed California Law Would Change Child Custody Arrangements for Sperm Donors

On Behalf of | Dec 5, 2013 | Child Custody and Visitation


In the wake of Actor Jason Patric’s custody fight with his ex-girlfriend, Danielle Schreiber, State Senator, Jerry Hill, introduced a piece of legislation, SB 115, that would extend paternity rights to sperm donor fathers under certain circumstances.

This bill has split traditional progressive allies.

Some advocates, such as Patricia Bellasalma of the National Organization of Women, argue that SB 115 explicitly protects the rights of sperm donor fathers but ignores the rights of female surrogates and egg donors.

UC Irvine’s Law School dean, Erwin Chemerinsky, on the other hand, wants SB 115 to pass because he believes it will protect “not only fathers but also [rights] of children” and that “it is important that the law be written in a way to ensure that the parent child relationship is not infringed upon because of a mere technicality in the law.”

SB 115 passed the CA Senate easily, and it will be up to the California Assembly’s Judiciary Committee to make the next move. The law would apply not just to sperm donor fathers but also to fathers in cases of in vitro fertilization and artificial insemination.

Regardless of what happens with the Patric-Schreiber custody battle, the case illustrates how fluid California law can be when it comes to child custody issues. To that end, if you or someone you love has been struggling with a child custody or family law problem, it may behoove you to get in touch with the Dinnebier and Demmerle team today to explore your rights and possible legal remedies. Connect with us now for a confidential consultation.

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