In the Interest of R.C.
775 P.2d 27 (Colo. 1989).


Facts: J.R. (P) brought a paternity action, alleging he was the natural father of the child born to E.C. (D), an unmarried woman, who had been artificially inseminated with his sperm. P alleged that at the time of the insemination he and D had entered into an agreement that if a child was born, he would be treated as the father. Two months after the child's birth, D refused to allow him to see the child, claiming that the artificial insemination statute had extinguished all of his parental rights. D moved for summary judgment, arguing that P had conceded in his pleadings all the facts that this statute required to extinguish his parental rights

Issue: Does a known semen donor to an unmarried woman have parental rights in a child subsequently bom from artificial insemination?

Rule: A known semen donor to an unmarried woman does not have parental rights in a child subsequently bom from artificial insemination unless mere is a prior agreement to share in the parental fatherhood ofthe child.

Analysis:Donor agreed to give his semen to mother, his acquaintance, for use in artificial insemination. After a child was born, donor refused mother's request for him to sign a release of his parental rights. On review, the court reversed the trial court's summary judgment in favor of mother. The mother did not lose statutory protection merely because she knew donor where the parties agreed at the time of insemination that donor would be the natural father. The court determined that the agreement and subsequent conduct were relevant to preserving donor's parental rights despite the existence of the statute.