What is a Sperm Donor Agreement?

A sperm donor agreement is a legal contract between a sperm donor and the recipient(s) of the sperm, the intended parent(s). The agreement sets out the terms and conditions of the arrangement, including the rights and responsibilities of both parties.

Typically, a sperm donor agreement will cover issues such as:

• The intended use of the sperm (e.g. for artificial insemination, in vitro fertilization, etc.)
• The number of attempts at conception
• The possibility of future contact between the donor and any resulting child
• The financial obligations of both parties (e.g. whether the recipient(s) will be responsible for any medical expenses)
• The legal rights of the donor and the recipient(s) with respect to any resulting child. (e.g. whether the donor has rights to visitation with any resulting child, whether the donor will be responsible for any child support)

A sperm donor agreement must be entered into by all parties before conception in order for it to be enforceable.  If the agreement is made after conception, the donor may be responsible for child support and entitled to parenting time with the child.  Other rights and responsibilities may also occur.

If the intended parent(s) obtain the donation from a sperm bank, a sperm donor agreement may not be necessary, as the donor will have entered an agreement directly with the bank.

A sperm donor agreement is an important legal document that can help prevent disputes and clarify expectations in a sperm donation arrangement. It is recommended that both parties, donor and intended parent(s) seek independent legal advice before signing a sperm donor agreement.

If you’re exploring a sperm donation arrangement and want to ensure your legal rights are protected, our Family Law team at Keyser Mason Ball, LLP can provide the guidance you need.