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A state statute prohibits family courts from granting visitation rights to sperm donors without the consent of either the biological mother or all adoptive parents.

  1. A state statute prohibits family courts from granting visitation rights to sperm donors without the consent of either the biological mother or all adoptive parents. A sperm donor whose teenaged daughter tracked him down wants to maintain a relationship with his daughter, but the girl's mother refuses to let the two spend time together. The bio-dad challenges the statute on constitutional grounds. A court will likely hold that the statute is:
Constitutional, because there is no fundamental right to parentage.
Constitutional, because the statute is narrowly tailored to serve the compelling state interest of facilitating parental rights of individuals who struggle with fertility.
Unconstitutional, because the statute is not the least restrictive means available for protecting the parent rights of sperm donation recipients.

Unconstitutional, because the statute does is not rationally related to any legitimate government interest.

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