Do I Need a Sperm Donor Agreement?

There are many reasons these days why people seek alternate methods of conceiving a child. Sperm donation and artificial insemination are popular among many lesbian or gay couples, single women and even heterosexual couples. But when it comes to parents, children and relationships, a lot of significant issues must be considered. Many people do not want to use anonymous sperm from a sperm bank; they prefer to choose someone known to them. This makes things a bit more complicated so yes, you do need a sperm donor agreement.

Why do I need a sperm donor agreement?

A sperm donor agreement is necessary to be sure that the conditions under which the conception, the pregnancy and the raising of the child are agreed upon. In many cases the arrangement between the donor and parents is informal, that is, the donor is known to the family, but still there needs to be an understanding of the laws where you live. The sperm donor agreement clearly identifies what all the parties understand what legally will happen.

What should the Sperm Donor Agreement Say?

The agreement is a contract, and so it should state that this is an arrangement between the donor and the person wishing to be inseminated with the sperm, that this is a binding contract, and the sperm donor may be the biological father but he will relinquish all parental rights.

The groups should be on the same page about financial responsibility, the relationship the donor will have with the child, confidentiality and even safe sex practices during the conception period. The agreement should be a statement of mutual trust and understanding between all parties, because what is okay today may not be okay later.

But beyond that, sometimes the parties involved have issues about what happens next. If the donor is known to the family, some understanding should occur over what the expectations are between all of you. There are many issues here, especially if you know the donor personally and if the donor will continue to have a relationship, even a casual one, with the child. As the child grows up, how will you feel about confidentiality, medical history disclosure, contact and visitation rights?

You should be able to sit down with the donor and discuss these expectations as a starting point to the contract, but for the contract to be binding and to know what things need to be considered in your unique situation, you need a lawyer. The lawyer will make sure that everything is safe within your family and that your rights are protected. Don’t try to do any part of this alone. There are so many issues, that are constantly in flux regarding family law and parental rights, that it takes someone who is keeping on top of the changes to know what applies to your situation.

For More Information, Contact McGlashan & MacKinnon