Sperm Donation Agreements
Known sperm donation is a wonderful way to build a family, but it is also an area of the law that is filled with landmines. If you are not careful, you could inadvertently do something which would undermine your intent to have your friend or family member donate sperm to you but not retain parental rights. Or you may, as a donor, not understand the risks you might be facing when donating sperm to a friend. It is critical when entering into a known sperm donation arrangement to have an agreement prepared for you prior to insemination, and which addresses the unique facts and circumstances surrounding your sperm donation arrangement. It is also very important to understand your legal rights and responsibilities, and the potential legal risks involved in the donation of sperm. Among other things, your Sperm Donation Agreement will express the parties’ respective intent as to who will be a parent and who will not be a parent. Whether you are the recipient of the donated sperm, or the donor, in addition to preparing the agreement, my office can advise you on other steps you may take to protect your rights in the future.
Under New York’s Child Parent Security Act, as with egg donation agreements, sperm donation agreements constitute clear and convincing evidence that the recipient intended parent(s) is a parent(s) and the sperm donor is not a parent, such that a court may enter a Judgment of Parentage in favor of the intended parent(s) and terminating any parental rights a sperm donor could be deemed to have. If you are entering into a known sperm donation agreement and you are in a same-sex relationship, this Judgment of Parentage is also critical to protect the non-gestating and/or non-biological parent’s rights. The non-biological parent may further want to take additional steps to secure his/her legal parent-child relationship through a step or second parent adoption. We can discuss those legal proceedings when working together on your sperm donation agreement to determine whether you think it is necessary or appropriate to obtain both a Judgment of Parentage and a step or second parent adoption.
