Assisted Reproductive Technology
Sperm Donation Contracts
Sperm donor agreements that protect donors from unintended financial responsibility and protect intended parents' parentage.
Why a sperm donor contract matters
Sperm donors have been sued for child support of children born from donated sperm. A properly drafted contract is one of the most important protections a donor can have, and it is just as important for the intended parents who want clear legal parentage.
Known donor arrangements
When the sperm donor is someone the intended parents know — a friend, a relative of a partner, or someone else they have selected — a written contract is essential. Verbal understandings have repeatedly led to contested cases and unintended financial exposure.
Anonymous and clinic donors
“When the donor is anonymous and the donation is processed through a licensed clinic, the legal posture is generally cleaner.”
When the donor is anonymous and the donation is processed through a licensed clinic, the legal posture is generally cleaner. We still help intended parents understand what they have signed and how it interacts with parentage law.
Independent counsel for the donor
Sperm donors should always consult with their own competent counsel before signing. Independent representation protects the donor and gives the intended parents confidence in the strength of the agreement.
Parentage and second-parent adoption
Even with a strong sperm donor contract in place, intended parents often pursue a second-parent or co-parent adoption to secure the parentage of the non-biological parent. We help families decide whether that step makes sense.
Privacy and future contact
“Sperm donor contracts can address privacy and any future contact between the donor and the child.”
Sperm donor contracts can address privacy and any future contact between the donor and the child. These provisions should be discussed and documented intentionally, not left for later.