Document Type


Publication Title

Creighton Law Review


Increasingly, intended parentage by female couples, married and unmarried, and by single women, is pursued via do-it-yourself (DIY) artificial insemination (AI) that utilizes sperm donors (who may be unknown). A recent ruling illustrates the difficulties arising from incomplete AI statutes. In Gatsby v. Gatsby in 2021, the Idaho Supreme Court determined legal parentage for a child born via AI to a married female couple who later divorced. The Gatsby ruling is troublesome on several fronts. Its problems highlight the difficulties facing intended childcare parents employing AI in the United States, especially for those without significant financial resources and women, coupled or single. This paper explores the problems arising with the parentage laws on DIY AI births. Exploration follows a review of the Gatsby ruling and of current laws that do or could cover AI births.

Publication Date



College of Law

Suggested Citation

Jeffrey A. Parness, DIY Artificial Insemination: The Not-So-Great Gatsby, Creighton L. Rev. (forthcoming 2022).

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