Sperm Donor AgreementsSperm donors who are involved in providing sperm for self-insemination by a woman at home will still be regarded as the legal father in most countries and therefore it is sensible to consider entering into a written agreement with the recipient to limit your legal responsibility.
Whilst written agreements will not be legally binding in most countries they are helpful as evidence of the intentions of all parties when entering into an arrangement to donate sperm.
Remember that sperm donation is illegal in some countries and so you must check the position in your country before entering into an arrangement.
In the UK sperm donation is legal, but it is a criminal offence to donate sperm to make a profit.
It is however acceptable for the parties to agree on payment of the sperm donors reasonable expenses, but these must be reasonable and should not be used as a way to disguise a fee.
A written agreement will help the parties to settle the following before entering into any arrangement:
• Identify the donors expenses
• Agree on how those expenses will be reimbursed
• Agree on whether insemination will by artificial insemination (AI) or natural insemination (NI)
• Agree on whether the donor will remain anonymous or how much information will be given to the child about the donor.
• Agree on whether the donor will provide future donations to ensure siblings for the child.
• Agree on whether the donor will play a role in the parenting of the child - if so, a co-parenting agreement would be best.
• Agree who will be named on the birth certificate - naming the donor on the birth certificate will give him parental responsibility for the child.
• Agree on whether or not the donor is to pay any financial support
• Agree on the extent of the donors contact to the child (if any)
• Agree whether the child will be adopted by the woman and her partner (this will terminate the sperm donor’s legal rights as the father).