In the unpublished (non-precedential) trial court case of Rendon v. Ale, the Court determined that a biological father, who while married to another woman, donated sperm in order for another woman to be artificially inseminated was not insulated under the protections of the Artificial Insemination Statute.

In Rendon, the parties, who were initially both married to other people, started a romantic relationship. After many years of their on again, off again affair, and notwithstanding that Defendant was still married, Defendant agreed to donate his sperm to Plaintiff for the purposes of artificial insemination.  Five days after his first sperm sample was taken, Plaintiff executed and had notarized a “Resignation Letter of Obligations” which stated:

To whom it may concern: This letter confirms the renunciation of all

kinds of paternal obligations that can have Carlos Ale identified with

Social Security # ***-**-3381 with my son or daughter since his (her)

procreation to his (her) adulthood. This includes maintenance, healthcare,

child support or any other responsibility as a father.

Very truly yours, /s Alba Rendon.Continue Reading Sperm Donation: The Gift that Keeps on Giving?