Monday, November 18, 2013  Is a donor agreement enough to
protect my same-sex partner from a challenge to her parental
rights?  Usually not. In California, maybe.  In short, we
recommend a second parent adoption or a 'Paternity' action to
terminate the parental rights of the (known) donor 'father' and
establish the non carrying spouse as the second parent in the
eyes of the law.  But why? The law is unsettled, especially with
the passage of new legislation that allows for more than two
legal parents of a child. Artificial insemination can be the key
to building a family, especially for same-sex couples, and
choosing a donor whom you know and love is certainly a viable
option. There are several concerns that we see on a regular
basis:    • What happens if the donor decides he wants parentage
rights over our child?   • What if my partner leaves me and
seeks to deny my parentage by seeking to establish our donor has
the lawful parent?   • What if the donor dies -- will his family
have visitation rights over our