Opinion by
In this appeal we must determine whether a sperm donor has standing to pursue a proceeding to adjudicate the parentage of a child conceived using the donor’s sperm. J.S., appellant, brought suit to establish paternity; however, the child’s mother, K.D., filed a plea to the jurisdiction challenging J.S.’s standing to bring the parentage proceeding. The trial court granted the plea and dismissed J.S.’s suit for a lack of standing. We affirm.
Factual and Prooedural Background
K.D. was in a romantic relationship with Marie, appellant’s sister. At some point during the relationship, K.D. wanted to have a child. As a result, J.S. agreed to act as the donor and provided the sperm used to artificially inseminate K.D. J.S. contends that he and K.D. verbally agreed that he would not act merely as a “donor”; rather, he would be involved in the child’s life. K.D. denies that such an agreement was ever made. In February 2000, K.D. gave birth to a healthy child, H.C.S., conceived with J.S.’s sperm.
In June 2005, after K.D. and Marie ended their relationship and following K.D.’s “persistent denial of visitation and access [to H.C.S.], after a period of allowed visitation,” J.S. filed this suit to adjudicate his parental rights. The parties later executed a Rule 11 agreement which provided J.S. with limited access to the child. Subsequently, K.D. filed a plea to the jurisdiction based on J.S.’s alleged lack of standing. Specifically, K.D. argued that a sperm donor cannot file a suit to adjudicate parental rights under the Family Code; thus, the trial court lacked subject-matter jurisdiction to adjudicate the case. The trial court granted KD.’s plea and dismissed the case. J.S. now appeals.
Standing
Standing is a prerequisite to subject-matter jurisdiction and is essential to a court’s power to decide a case. Bland Indep. Sch. Dist. v. Blue,
Standing to sue is either granted by statute or obtained when a plaintiff can demonstrate a particular injury distinct from one to that of the general public. Hunt v. Bass,
Texas Family Code
In order to determine whether the Family Code limits standing in a suit to establish parentage, a statutory construction is necessary. See Tex. Dep’t of Protective & Regulatory Servs. v. Sherry,
K.D. contends J.S. lacks standing because as a donor, he is not a parent. Section 160.702 of the Family Code states that “[a] donor is not a parent of a child conceived by means of assisted reproduction.” Tex. Fam.Code Ann. § 160.702 (Vernon Supp.2006). It is undisputed that H.C.S. was conceived by means of assisted reproduction, and that J.S. was the sperm donor for the reproduction. J.S. argues, however, that standing in a suit to adjudicate parentage is governed by Section 160.602, which provides that “a proceeding to adjudicate parentage may be maintained by ... a man whose paternity of the child is to be adjudicated.... ” Id. § 160.602(3).
In support of his contentions, J.S. relies on In re Sullivan,
In Sullivan the court noted that “[b]e-fore reaching the issue of whether Russell is a donor who lacks parental rights, we first must determine whether ... donor status is part of the inquiry as to whether Russell has standing to maintain a parentage proceeding.” Id. at 915 (footnote omitted). The court conducted a thorough analysis of the relevant statutory provisions and concluded:
Based on the language of the statute, the object sought to be obtained, the circumstances under which the statute was enacted, the legislative history, former statutory provisions, including laws on the same or similar subjects, and the consequences of the different constructions, we conclude that, at a minimum, section 160.602(3) confers standing on a man alleging himself to be the biological father of the child in question and seeking an adjudication that he is the father of the child. We further conclude that under the statute, as drafted, the issue of the man’s status as a donor under section 160.702 is to be decided at the merits stage of the litigation rather than as part of the threshold issue of standing.
Id. at 919.
While we acknowledge the scholarly research reflected in the Sullivan opinion, we respectfully disagree with the court’s conclusion that status as a donor is irrelevant to the question of standing to estab
Title Five of the Texas Family Code contains the general provisions governing the parent-child relationship and suits affecting the parent-child relationship and thus is the starting point for determining the rights of the parties to this suit. Section 102.003, the general standing provision for suits affecting the parent-child relationship, states that a suit may be filed at any time by “a man alleging himself to be the father of a child filing in accordance with Chapter 160, subject to the limitations of that chapter, but not other-wise_” Tex. Fam.Code ÁNN. § 102.003(a)(8) (Vernon Supp.2006). An “alleged father” is in turn defined as “a man who alleges himself to be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose paternity has not been determined.” Id. § 101.0015(a) (Vernon 2002). A “male donor” is specifically excluded from the definition of an “alleged father.” Id. § 101.0015(b) (Vernon 2002). Chapter 160 of the Texas Family Code, the Uniform Parentage Act, defines a “donor” as “an individual who produces ... sperm used for assisted reproduction.... ” Id. § 160.102(6) (Vernon 2002).
While J.S. does not dispute that he is a male donor as that term is statutorily defined, he contends he has standing to pursue this suit because he is “a man whose paternity of the child is to be adjudicated.” See id. § 160.602(a)(3). Section 160.602 provides in part as follows:
(a) Subject to Subehapter D [Voluntary Acknowledgment of Paternity] ... a proceeding to adjudicate parentage may be maintained by:
(3) a man whose paternity of the child is to be adjudicated....
Id. § 160.602(a)(3) (Vernon 2002). J.S.’s contention that he is entitled to pursue this case because his parentage as to H.C.S. has never been adjudicated ignores the other statutory provisions that address his unique status as a donor. While J.S. is a man and his paternity as to H.C.S. has not been adjudicated, and while he alleges himself to be the father of H.C.S., he is admittedly a male donor and thus statutorily he is not an alleged father and does not have standing to pursue an original suit. See id. § 101.0015(b)(3). Further, the standing provision J.S. relies on clearly states that it is subject to other provisions regarding voluntary acknowledgment of paternity. Those provisions allow a male donor to effectively become the parent of a child conceived by means of assisted reproduction if he and the mother of the child “sign [and file] an acknowledgment of paternity with the intent to establish the man’s paternity.” Id. §§ 160.301; 160.305 .(Vernon 2002 and Vernon Supp.2006). The parties to this suit did not execute and file an acknowledgment of paternity, as permitted by the statute. Having failed to follow the statutory procedures for a male
Indeed, under J.S.’s reading of the Family Code, any alleged donor — even one who does not know the mother or one who donates to a sperm bank — could challenge paternity in an original proceeding. Rather than promoting assisted reproduction, such a course of action would subject children born of assisted reproduction and their mothers to the financial and emotional costs of defending suits like this one on the merits.
The order of the trial court is affirmed.
Notes
. A husband who provides sperm to be used by his wife for assisted reproduction is not included in the definition of “donor.” Id. § 160.102(6)(A) (Vernon 2002). Further, a husband who provides sperm for or consents to assisted reproduction by his wife is the father of the resulting child. Id. § 160.703. J.S. and K.D. were not married, thus our discussion does not apply to spouses involved in assisted reproduction.