What You Should Know About A Sperm Donor Agreement

Many women will use a sperm donor (artificial insemination) to have a child. There can be two types of sperm donors; (1) an anonymous donor; or (2) a donor that you know. If an anonymous donor is used, then there usually does not need to be a sperm donor agreement or the sperm bank will provide a general release form. However, if your sperm donor is someone that you know, then it is extremely important to have a Sperm Donor Agreement.

A Sperm Donor Agreement is a contract between you and the person who is donating their sperm.  The Sperm Donor Agreement will address the following:

  1. What is the child support or financial responsibilities of the Sperm Donor? In other words, will the Sperm Donor have any obligation to pay child support or any other type of financial responsibilities to the child or to the birth mother?
  1. What parental rights will the Sperm Donor have? Will the Sperm Donor be considered a joint custodial parent? Will the Sperm Donor have visitation rights with the child?
  1. Will the child know who the Sperm Donor is? If the answer to this question is going to be yes, which it usually is, then will
  1. Will the child be able to meet the Sperm Donor?
  1. Related to question #3, what will the Sperm Donor’s relationship to the child be? If the Sperm Donor was a “friend”, then that friend may still be in the mother’s life, which means that he will be in the child’s life.  Even if the Sperm Donor is not a friend, then he may want to have some type of relationship with the child.

These are just some of the issues that a Sperm Donor Agreement will cover. It is important to know, that even with the best Sperm Donor Agreement, either party could challenge it in Court. That doesn’t mean that the Agreement will be invalid, it just means that anyone can go to Court to try to change the Agreement.

If you are thinking of using a sperm donor to conceive a child, then it is imperative that you have a Sperm Donor Agreement. David Badanes and the Badanes Law Office, P.C. can draft your Sperm Donor Agreement to make sure that you are protected and that you know your rights.

The Badanes Law Office, P.C. and David Badanes can be reached at 631-239-1702 or email at david@dbnylaw.com.  The Badanes Law Office, P.C. has offices in Northport, Suffolk County and in Nassau County.

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