Also known as: sufficient protection · sufficiently protect
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A statutory writing requirement that allows a sperm donor to preserve parental rights by explicit agreement. The requirement supplies the necessary safeguard for the donor's constitutional interests in parentage.
A statutory writing requirement that allows a sperm donor to preserve parental rights by explicit agreement. The requirement supplies the necessary safeguard for the donor's constitutional interests in parentage.
Select any source to read its text and confirm it supports the definition.
The conduct of a presumptive taker joined as a party in a judicial proceeding. That conduct supplies the required safeguard for representation of living or unborn persons under the rule governing binding effect on future interests.
Select any source to read its text and confirm it supports the definition.
The conduct of a presumptive taker joined as a party in a judicial proceeding. That conduct supplies the required safeguard for representation of living or unborn persons under the rule governing binding effect on future interests.
Each sense below has its own examples, sources, and questions.
Bernard exchanged annotated drafts and approval messages with Leslie and Andrea by company email. The final donor agreement was never printed or signed. After the child's birth and the couple's divorce, Bernard petitions to establish paternity. The court holds that the emails do not satisfy the writing requirement, so Bernard has no parental rights.
A sperm donor must enter a written agreement with the recipient that expressly preserves donor paternity. Without that executed writing, the donor has no legal parental rights even if the parties discussed or informally approved donor status.
Supporting sources
No. The statute demands a formal written agreement. Exchanges of drafts and approval messages by email do not meet the requirement because they lack the executed document needed to create certainty and protect constitutional interests.
Supporting sources
A judicial proceeding concerns a future interest in land. One presumptive taker is joined as a party and participates without hostility to the interest of an unborn remainderman. The court determines that the joined party's conduct supplies the required safeguard, rendering the judgment binding on the unborn person.
The joined party's conduct provides sufficient protection when the person participates without hostility to the interest of the person claimed to be represented. That conduct satisfies the safeguard required for the judgment to bind living or unborn persons.
Supporting sources