a pregnancy resulting from any intervening medical technology, whether in vivo or in vitro, which completely or partially replaces sexual intercourse as the means of conception. Such intervening medical technology includes, but is not limited to, conventional medical and surgical treatment as well as noncoital reproductive technology such as artificial insemination by donor, cryopreservation of gametes and embryos, in vitro fertilization, uterine embryo lavage, embryo transfer, gamete intrafallopian tube transfer, and low tubal ovum transfer [emphasis added].
And “medical technology,” the court concludes, requires something more than a turkey baster:
The word “medical,” in its ordinary use, means “of, relating to, or concerned with physicians or with the practice of medicine” and “requiring or devoted to medical treatment.” The statute does not encompass all technology. Instead, its language is limited to “medical technology.” The plain meaning of the term “medical technology” does not encompass a kitchen implement such as a turkey baster.The examples listed in Code § 20-156 shed further light on the General Assembly’s intent in crafting this statute…. “When general words and specific words are grouped together, the general words are limited and qualified by the specific words and will be construed to embrace only objects similar in nature to those objects identified by the specific words.” … Bruce did not become pregnant through “conventional medical and surgical treatment.” Furthermore, the examples of “noncoital reproductive technology” listed in Code § 20-156 involve procedures performed with the assistance of medical personnel. An ordinary kitchen implement used at home is simply not analogous to the medical technologies that are listed in Code § 20-156, nor does it constitute a “reproductive” technology under the plain meaning of the term….
A sound reading of the statute, it seems to me, even if I think that as a policy matter there’s little reason to distinguish sperm donation where a doctor is involved from turkey baster donation without a doctor. And, as a result, Boardwine did indeed end up having some parental rights:
Boardwine’s test established his paternity by a probability greater than 99.999%. The path to fatherhood may have been unconventional, but as the father of J.E., Boardwine was entitled to seek (and, as the trial court found, receive), visitation with his son.
Thanks to How Appealing for the pointer.