Known sperm donor contract agreements

Consistent with an oral agreement with the mother, the donor saw the child occasionally over the years until a dispute arose with the mother about a possible trip the donor wanted to take with the daughter. Caitlin and Samantha are lesbians in a long-term, committed relationship. Crouch , held that the sperm provider was a donor under Oregon's AI statute despite not using a physician. Some years later, the mother filed a paternity action, seeking child support. Without any guidance from Patric and the child's mother, the courts have had to scrutinize their private lives in order to try to figure out what they intended. McKiernan , a friend who had previously been romantically involved with the mother provided semen to a clinic for her insemination.

The discussion and reflection involved in crafting a well-meditated agreement will help prevent future misunderstandings and disappointments. Other families choose for the child and donor to have little or no contact. Attorneys consider this the preferred agreement if the choice is available to you. It is worthwhile to create a Sperm Donor Agreement even if its enforceability is legally uncertain. In the unlikely event that you do go to court, even if the agreement is not binding in your state, the court may look to it for guidance in what you intended and often uses it as a factor in making its decision. Furthermore, we need strong Sperm Donor Agreements challenged in courts so that they may be ruled legally binding.

Choose a Legal Category. What issues should be discussed between a potential sperm donor and birth parent? Where second-parent adoption is available, the agreement states that the donor agrees in advance to consent to the adoption by the second or nonbiological lesbian parent and agrees to the termination of all parental rights of his own. Both forms are provided here with this difference between them: