State Laws and Legislation

New Jersey Donor Insemination Law

New Jersey law allows a woman to obtain semen from a licensed physician for artificial insemination and strips the donor of any legal relationship to a resulting child, unless the donor and the woman have a written contract to the contrary.

In one 1977 case, C.M. v. C.C., the male partner in an unmarried opposite-sex couple sought the right to visit a child conceived via artificial insemination. The couple apparently used this method because the woman did not wish to have premarital intercourse but desired a child. The couple was refused use of a sperm bank’s services, but learned of a method of artificial insemination they could perform at home. The man provided semen and, after numerous attempts over several months, the woman became pregnant. The relationship ended before the child came to term. The Juvenile and Domestic Relations Court concluded that “if an unmarried woman conceives a child through artificial insemination from semen from a known man, that man cannot be considered to be less a father because he is not married to the woman.” The court found the man to be the child’s natural father.

Citations: N.J. STAT. § 9:17-44; C.M. v. C.C., 152 N.J. Super. 160, 377 A.2d 821 (Cumberland County Ct. 1977).

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Updated: Sun, August 29, 2004 - 11:00:18