Legal Definitions - intentional father

An intentional father refers to an individual who, through a legal agreement and often with the assistance of reproductive technology, expresses a clear intent to be the legal and social father of a child. This designation is particularly relevant in contexts such as surrogacy or other forms of assisted reproduction where traditional biological or marital presumptions of paternity may not apply. The legal agreement establishes parental rights and responsibilities from birth, irrespective of genetic connection to the child.

• Example 1: Gay Couple Using Surrogacy

  Michael and David, a married couple, decide to expand their family through gestational surrogacy. They use an egg donor and Michael's sperm to create embryos. Before the embryo transfer, they sign a detailed surrogacy agreement with their gestational carrier, explicitly stating their intent to be the legal parents of any child born from the arrangement. David, who is not genetically related to the child but is Michael's husband and a party to the agreement, is designated as an intentional father.

  This illustrates an intentional father because David formally declared his intent to parent the child through a pre-birth legal contract, establishing his parental rights and responsibilities from the moment of birth, even without a biological connection to the child.

• Example 2: Single Man Using Surrogacy

  Robert, a single man, chooses to become a father via gestational surrogacy. He uses an egg donor and his own sperm. Prior to the embryo transfer, Robert executes a comprehensive surrogacy agreement with the gestational carrier, clearly outlining his intention to be the sole legal and social father of the child.

  Robert is an intentional father because his legal agreement with the surrogate explicitly establishes his intent to be the child's parent, ensuring his parental rights and obligations are legally recognized from the child's birth.

• Example 3: Heterosexual Couple with Donor Sperm and Surrogacy

  Sarah and Tom, a married heterosexual couple, are unable to conceive naturally. They decide to use a gestational surrogate, an egg donor, and donor sperm. Before the embryo transfer, Sarah and Tom sign a surrogacy agreement with the gestational carrier, stating their intent to be the legal parents. Tom, despite not being genetically related to the child (as donor sperm was used), is designated as an intentional father through this agreement.

  Tom is an intentional father because, through the pre-birth surrogacy agreement, he legally declared his intent to be the child's father, establishing his parental rights and responsibilities irrespective of genetic connection.