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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.
- 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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