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

South Dakota does not have any laws 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 and recipients are not out of luck.  They may enter into donation agreements with intended parents or clinics that will help protect them from legal parentage.  In the unlikely event of a parentage question, a court will be able to look at the donation agreement to inform its decision.

Additionally, the widespread availability and use of prebirth orders by intended parents provides further protection.  A prebirth order specifically lists who the parents of the child are.  Because the donor is determined not to be a legal parent by a prebirth 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.  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.