40-6-106. Artificial insemination. (1) If, under the supervision of a licensed physician and with the consent of the woman's husband, a wife is inseminated artificially with semen donated by a person who is not the husband, the husband is treated in law as if the husband were the natural father of a child conceived by artificial insemination. The husband's consent must be in writing and signed by the husband and the wife. The physician shall certify their signatures and the date of the insemination and file the husband's consent with the department of public health and human services, where it must be kept confidential and in a sealed file. However, the physician's failure to file the consent does not affect the father and child relationship. All papers and records pertaining to the insemination, whether part of the permanent record of a court or of a file held by the supervising physician or elsewhere, are subject to inspection only upon an order of the court for good cause shown.
     (2) The donor of semen provided to a licensed physician for use in artificial insemination of a married woman other than the donor's wife is treated in law as if the donor is not the natural father of a child conceived by artificial insemination.

     History: En. 61-306 by Sec. 6, Ch. 512, L. 1975; R.C.M. 1947, 61-306; amd. Sec. 81, Ch. 418, L. 1995; amd. Sec. 144, Ch. 546, L. 1995.