In today’s day and age, many individuals choose to use sperm donation in order to conceive. Often, a woman may choose to use a known sperm donation rather than an anonymous donor from a sperm bank. There are many benefits from using a known sperm donor, but it also opens the door to many potential pitfalls. A multitude of protections are provided when using a sperm bank, including, but not limited to anonymity of the donor, genetic screening and testing for sexually transmitted diseases. These protections are not necessarily present when using a known sperm donor; however, that does not mitigate the necessity of these protections. In these situations, it is essential to enter into a sperm donor agreement.
A Known Sperm Donor Agreement will contain the terms of the arrangement and should outline, at a minimum, the following:
- Whether the donor will sever all legal rights to the child and the responsibilities associated therewith, including: visitation, decision-making regarding the child’s health, religion, schooling, or anything else, and child support;
- What medical and genetic information the donor will provide;
- whether the donor will undergo any pre-donation testing (medical, genetic, STD) and who will pay for the testing;
- Whether the donor’s identity will be shared with the child, and at what point this information will be shared.
The use of a Known Sperm Donor Agreement will assist in preempting any future disagreements between the donor and the Mother. It is important that there be a mutual feeling of trust between the Mother and the donor. Thorough discussions are imperative, and it is highly recommended that both sides engage private counsel to assist with all negotiations.
This post was written by Attorney Catherine Taylor and is for informational purposes only. Nothing contained within this post should be construed as legal advice.