Sperm Donor Agreements

Sperm Donor Agreement - Family Lawyers Sydney Sarah Bevan

As our society progresses, our legal system has to also progress.

A fundamental part of society is the family, which is what makes the practice of family law so interesting and rewarding. The concept of family is very different in modern society to what our grandparents might have expected.

Thankfully now, a vast array of families are accepted and recognised in our society, even if there is still a way to go for this to be fully accepted and recognised. One such type of family is that of a single woman or a same sex female couple who want to have children. Clearly, in order to have a child, they need to access sperm. Some such women choose to go through a fertility clinic to get this access, and others have a known donor provide sperm. That known donor might be a friend or relative, or someone they have connected with through an online community.

There are a host of reasons why people choose a known donor option, including family genetics if it is a family member or a desire to form a more inclusive version of a family, such as a same sex male couple (or single man) providing sperm to a same sex female couple (or single woman) to create some form of coparenting between them. Sometimes it is simply personal choice to use a known donor.

An area where our law still lags behind our society is in sperm donation and the agreements for this.

Unfortunately the agreements are largely not binding. So the obvious question is whether they are worth doing?

The answer is a resounding yes.

Why?

Why do I need a Sperm Donor Contract?

The reasons to enter into an agreement are wide ranging, and also differ in every individual case, but the most central reasons are:

At the very least these agreements help the people involved carefully consider that their interests align and that they are all very clear about their intentions.
It is clear evidence of the intention of the people involved, and this may help regulate your relationship in the future, and if necessary may be important in any legal dispute.

Who?

Who should be involved in a Sperm Donor Agreement?

It is usually up to 4 people involved who should be parties to an agreement:

The donor;
The intended birth mother;
The donor’s partner/spouse if he/they have one, regardless of the gender of the partner/spouse;
The intended birth mother’s partner/spouse is she/they have one, regardless of their gender.

What?

What should be included in a Sperm Donor Contract?

There is in theory a very large range of issues that can be included in an agreement, and this requires consideration of the specific circumstances of the people involved. The list of issues is potentially endless, but some of the fundamental issues to consider and address are:

Fertility counselling;
Method of insemination;
Disclosure about health issues;
How public or private will the arrangement be with family and friends;
What, when and how will the child be told about their conceptions;
What will be the donor’s role in the child’s life;
How problems between the parties should be addressed, such as mediation or counselling;

When?

When should the Sperm Donor Contract be signed?

The agreement should be completed prior to conception.

Is a sperm donor agreement a contract?

Technically no, there are different legal considerations applied to contracts and agreements. However it is common for people to use the word contract in ordinary language.

If you are considering sperm donation then you are considering making a life altering, life-long decision. Clearly then it is essential you approach this very carefully and do the right thing for you, your family and your future family.

At Sarah Bevan Family Lawyers we are not only experienced and highly skilled in these agreements, we are dedicated to helping people create families.