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Does South Dakota have a sperm, egg, or embryo donation law?

By Emilee Gehling and Isabella Erickson

Does South Dakota have a sperm, egg, or embryo donation law?

South Dakota does not have any statutes addressing donation of sperm, eggs, or embryos. These laws, sometimes called gamete donor protection laws, protect the donor from legal parentage or liability from donating gametes.

However, donors are not out of luck. They may enter into donation agreements with intended parents or clinics that will help protect them from the unintended establishment of legal parentage. In the unlikely event of a parentage question, a court will be able to review the donation agreement and the parties’ intentions to inform its decision.

Additionally, court orders may be obtained by intended parents to provide further protection. A court order specifically determines who the parents of a child. When a donor is determined not to be a legal parent by a court order, they will not be required to provide child support for the child.

The lack of gamete donor protection laws should not prevent you from donating gametes or using donor gametes. When done correctly, the legal risks are minimal. However, if the proper process is not completed, the donor risks being subjected to child support obligations, and the recipients risk a parental challenge from the donor after the child is born. If you donate gametes or want to use donor gametes, be sure to consult an attorney about the process.

Contact Gehling Osborn Law Firm, PLC for experienced assisted reproductive technology counsel.

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