Submitted by GoSox on Fri, 07/17/2009 - 08:04
My husband and I are thinking about artificial insemination using the sperm of a donor and I was wondering about the legal issues. Will the child automatically be our legitimate child or is there some legal process we would have to go through first? We live in Massachusetts. Thanks for your help.
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Editor's Response
Yes, a child born through artificial insemination is considered legitimate under Massachusetts General Laws Chapter 46, Section 4B, which states:
Any child born to a married woman as a result of artificial insemination with the consent of her husband, shall be considered the legitimate child of the mother and such husband.
Hope that helps, and good luck!
Re: Child born through artificial insemination legitimate in MA?
Hi, I want to have children by artificial insemination, but my husband doesn't want to have any part of this and he won't consent to this. If I still go ahead with this will the children be out of wedlock?
Artificial insemination without consent of husband
Given the clear language of the statute, I would guess that the child will not "be considered legitimate." If I were you, I would think long and hard about that plan and then consult a family law attorney before taking any action.