Nova Law Review, Vol. 13, No. 2 (Spring 1989), pp. 491-514. With the permission of the Nova Law Review.


The "Status of Children of Assisted Conception" Act was designed primarily to effect the security and well-being of children born and living in our midst as a result of assisted conception. The Conference's Executive Committee and the general Conference, considering the plight of these children, some with five biological parents, some with no readily identifiable biological parents, and some with other deprivations, determined that the greatest priority and first call on the energy and talent of the Drafting Committee was to provide an act which addressed these and other deficiencies.

There was great urgency on the part of the Drafting Committee to provide a child with two legal parents. This principle led to a presumption of paternity of the husband of a married woman who bears a child through assisted conception, placing the burden on the husband to show the lack of consent. A sperm donor, however, is not considered the parent of a child conceived through assisted conception unless there has been some prior agreement. We have given any child conceived under assisted conception virtually the same rights in property and inheritance as children conceived by natural means.