Comment

(This is section 701 of the UPA.)

Article 7 applies only to children born as the result of assisted reproduction technologies; a child conceived by sexual intercourse is not covered by this article, irrespective of the alleged intent of the parties. The bracketed clause relates to gestational agreements under Article 8. If a state enacts Article 8, the brackets should be removed. If a state does not enact Article 8, the bracketed subsection should be omitted.

Maine Comment

The brackets have been deleted because Maine adopts a revised version of Article 8.

§1962.__Parental status of donor

A donor is not a parent of a child conceived by means of assisted reproduction.

Comment

(This is section 702 of the UPA.)

Source: UPA (1973) § 5(b); USCACA (1988) § 4(a).

If a child is conceived as the result of assisted reproduction, this section clarifies that a donor (whether of sperm or egg) is not a parent of the resulting child. The donor can neither sue to establish parental rights, nor be sued and required to support the resulting child. In sum, donors are eliminated from the parental equation.

The new UPA does not deal with many of the complex and serious legal problems raised by the practice of assisted reproduction. Issues such as ownership and disposition of embryos, regulation of the medical procedures, insurance coverage, etc., are left to other statutes or to the common law. Only the issue of parentage falls within the purview of this Act. This was also the case in UPA (1973), which wholly deferred speaking on the subject except to ensure the husband's paternal responsibility when he gave his consent to what was then called "artificial insemination" of his wife (now known in the scientific community as "intrauterine insemination"). The