L.F. v. Breit
285 Va. 163 (2013)
Rule of Law:
An unmarried sperm donor may establish legal parentage of a child conceived through assisted conception if he and the mother voluntarily execute a written acknowledgement of paternity and he has demonstrated a full commitment to the responsibilities of parenthood, as denying such rights would violate the Due Process Clause.
Facts:
- Beverley Mason and William Breit lived together as an unmarried couple and decided to have a child using in vitro fertilization (IVF) with Mason's eggs and Breit's sperm.
- Breit was present for the medical procedures and lived with Mason throughout the pregnancy.
- Before the birth, the couple signed a custody agreement granting Breit visitation rights.
- The child, L.F., was born in 2009; Breit was listed on the birth certificate, and the couple executed a formal 'Acknowledgement of Paternity' the next day.
- For several months, the couple lived together with the child, and Breit publicly held himself out as the father.
- After the couple separated, Breit continued to provide financial support, health insurance, and consistently visited the child.
- Approximately one year after the birth, Mason unilaterally terminated all contact between Breit and the child, claiming he was merely a 'sperm donor' with no legal rights.
Procedural Posture:
- Breit filed a petition for custody and visitation in the Juvenile and Domestic Relations District Court.
- The Juvenile and Domestic Relations District Court dismissed Breit's petition without prejudice upon Mason's motion.
- Breit filed a petition to determine parentage and establish custody in the Circuit Court of the City of Virginia Beach.
- The Circuit Court sustained Mason's pleas in bar and dismissed the case, ruling that as a sperm donor, Breit had no parental rights.
- Breit appealed the dismissal to the Court of Appeals of Virginia.
- The Court of Appeals of Virginia reversed the Circuit Court's decision, ruling in favor of Breit.
- Mason appealed the decision to the Supreme Court of Virginia.
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Issue:
Do Virginia's assisted conception and vital records statutes bar an unmarried, biological father from establishing legal parentage of a child conceived through in vitro fertilization when he has executed a voluntary acknowledgement of paternity and established a relationship with the child?
Opinions:
Majority - William C. Mims
No, the statutes do not bar an unmarried biological father from establishing parentage under these specific circumstances. While the assisted conception statute generally states that a 'donor' is not a parent unless married to the gestational mother, this must be harmonized with the separate statute governing how parentage is established. The Court reasoned that blindly applying the donor statute to exclude Breit would violate the Due Process Clause of the Fourteenth Amendment. Relying on Lehr v. Robertson, the Court found that when an unwed father demonstrates a full commitment to parental responsibilities, his relationship with the child acquires constitutional protection. Because Breit executed a voluntary acknowledgement of paternity pursuant to Code § 20-49.1(B)(2) and actively participated in the child's life, the legislature could not have intended—and the Constitution does not permit—him to be treated as a mere donor with no rights. The Court affirmed that the voluntary acknowledgement was valid and enforceable.
Analysis:
This decision is a significant precedent in family law and assisted reproductive technology (ART) law. It prevents the rigid application of statutory definitions from overriding established biological and social parent-child relationships. By invoking the Due Process Clause, the Court placed a constitutional check on state statutes that might otherwise disenfranchise unmarried fathers who use ART. The ruling clarifies that 'donor' status is not absolute; intent and conduct (specifically voluntary acknowledgement and assuming responsibility) can elevate a biological donor to a legal parent, ensuring that children born to unmarried couples via IVF are not arbitrarily deprived of a second parent.
