Using a Known Donor – Known Sperm Donor Agreement

SPERM DONOR AGREEMENT

This agreement is made on xx-xx-xxxx (date) between xxx (DONOR), xxx (RECIPIENT) and xxx (RECIPIENT’S PARTNER).

DONOR and RECIPIENTS, agree as follows:

1. Each clause of this AGREEMENT is separate and divisible from the others, and, should a court refuse to enforce one or more clauses of this AGREEMENT, the others are still valid and in full force.

2. Each party acknowledges and agrees that the DONOR is providing his semen for the purpose of inseminations, and does so with the clear understanding that he will not demand or compel any guardianship, parental rights, or custody with any child(ren) resulting from the insemination procedure.

3. The DONOR asserts, and the RECIPIENT and RECIPIENT’S PARTNER each understand, that he would not consent to the provision of semen without a full assurance and belief that he will not be subject to future responsibility for any child(ren) that result from the inseminations- legally or financially.

4. All parties acknowledge and agree that the relinquishment of all rights is final and irrevocable. The DONOR understands that his waivers shall prohibit any action on his part for custody or guardianship in any future situation, including the event of recipient’s disability or death.

5. Each party acknowledges and agrees that following the Civil Partnership of the RECIPIENT (xxx) and the RECIPIENTS PARTNER (xxx) on xxx (date), the RECIPIENT (xxx) will attempt to become pregnant by insemination and that such inseminations will continue until conception occurs.

6. Initially, attempts will be made to align the DONOR’S availability with the RECIPIENT’S ovulation period. If, however, this timing or requirement cannot be met by either or both parties, after xxx months, the RECIPIENT and RECIPIENT’S PARTNER will arrange for the DONOR to attend and donate a clinic to enable the sperm to be frozen and used at a later date. Any and all costs associated with this will be paid/compensated by the RECIPIENT and RECIPIENT’S PARTNER.

7. The DONOR agrees to donate for a period of xxx months. If, at this time, the RECIPIENT is not pregnant, fertility treatment may be considered. Any and all costs associated with this will be paid/reimbursed by the RECIPIENTS (any mileage reimbursed at xx p per mile).

8. The DONOR has agreed to obtain STI checks prior to donations. The results of these tests will be shared with the RECIPIENT. Should any costs be associated with the undertaking of these tests, the DONOR will be reimbursed by the RECIPIENT and RECIPIENT’S PARTNER (any mileage reimbursed at xx p per mile).

9. Any decision making during pregnancy will be made by the RECIPIENT and RECIPIENT’S PARTNER.

10. The RECIPIENT and RECIPIENT’S PARTNER will select a name for any child(ren) resulting from insemination. The surname of the child(ren) will be xxx.

11. The RECIPIENT and RECIPIENT’S PARTNER agree to notify the DONOR upon the birth of a child conceived from DONOR’s sperm.

12. Each Party acknowledges that the RECIPIENT and RECIPIENT’S PARTNER will both be named on the birth certificate of any child(ren) born from the insemination, and will share parenting responsibility.

13. The RECIPIENT’S PARTNER intends to act as a second parent for the child, and is fully involved in the decision to bear and raise a child. The child will have two parents, RECIPIENT and RECIPIENT’S PARTNER, who have jointly chosen to raise a child, taken steps to make this possible, and accept all associated rights and responsibilities as parents.

14. In the event of the RECIPIENT’S and RECIPIENT’S PARTNER’S death, the RECIPIENT and RECIPIENT’S PARTNER both wish to appoint xxx (relationship to recipient couple) as the parental guardian of any child(ren) resulting from the insemination. If, at any point, these wishes change, the RECIPIENT and RECIPIENT’S PARTNER will ensure that a will is produced to detail their request. The guardian may act with sole discretion as to all legal, financial, medical, and emotional needs of said child(ren) without any involvement with or demands of authority from DONOR. This appointed guardian may not hold the DONOR legally, financially, or emotionally responsible for any child(ren) that result from the inseminations.

15. In the event of the RECIPIENT’S and RECIPIENT’S PARTNER’S death, the RECIPIENT and RECIPIENT’S PARTNER both wish for contact to be maintained between the DONOR and the child(ren), as has been regular prior to their death.

16. Each party agrees that the DONOR may be called “Dad” by the child, friends and family, although he has relinquished all rights over the child.

17. Each party acknowledges and agrees that any future contact the DONOR may have with any child(ren) that result from the insemination in no way alters the effect of this agreement. Any such contact will be at the sole discretion of the RECIPIENT and RECIPIENT’S PARTNER. All parties do also acknowledge that in the best interest of the child, if the child at any time requests to meet or form a relationship with the DONOR, it is the intention of the DONOR to be receptive to such contact. All agree that any relationship formed between the DONOR and the child(ren) does not construe a parental relationship with any of it’s concomitant rights or responsibilities.

18. The DONOR agrees to keep the RECIPIENT and RECIPIENT’S PARTNER updated with current address and contact information so that the child(ren) can make contact in the future.

19. The DONOR will ensure that he can be located by the RECIPIENT and RECIPIENT’S PARTNER to answer questions related to his family medical history, and to answer questions related to the curiosity of the child about his/her genetic background.

20. The DONOR will be permitted to have contact with the child for no longer than xx hours per month, over a maximum of xx visits. This agreement is negotiable at the discretion of all parties. The DONOR shall make arrangements as early as possible for any visits or meetings.

21. During the first xx months of the child(ren)’s life, the RECIPIENT or RECIPIENT’S PARTNER will assist and remain at all visits. After this point, the DONOR will be able to have the child for unassisted visits, at the complete discretion of the RECIPIENTS.

22. In the event of the RECIPIENT and RECIPIENT’S PARTNER separating, the RECIPIENT and the RECIPIENT’S PARTNER will endeavour to maintain contact between the DONOR and the child, as has been regular prior to their separation.

23. Both the DONOR, RECIPIENT and RECIPIENT’S PARTNER should inform all parties of any significant changes in circumstances as soon as possible, including any decisions to relocate.

24. The DONOR agrees to inform the RECIPIENT and RECIPIENT’S PARTNER of any future partner(s) he wishes to meet with the child(ren). The RECIPIENT and RECIPIENT’S PARTNER should then meet with the DONOR and the DONOR’S PARTNER prior to the child(ren) meeting and establishing a relationship with the DONOR’S PARTNER. The RECIPIENT and RECIPIENT’S PARTNER wish for this relationship to be at least xx months old prior to the DONOR’S PARTNER meeting with the child(ren).

25. In the event that any or all relationships between the DONOR, the RECIPIENT, and/or the RECIPIENTS PARTNER should break down, the visitation rights of the child(ren)’s grandparents and other close relatives would be open to negotiation and may be maintained.

26. Should either the RECIPIENT or RECIPIENT’S PARTNER become alerted to or feel there may be any risks or danger to the child(ren) whilst in the care of the DONOR, the RECIPIENT and RECIPIENT’S PARTNER can revoke any/all visitation benefits granted by this agreement.

27. Should any conflicts arise, the following process will be undertaken with the intention of making the best decision for the child(ren):

a. Meeting between all parties

b. Meeting between all parties and all witnesses

c. Family mediation (with an impartial mediator, decision made by all parties)

d. Arbitration meeting (impartial mediator makes a decision)

e. Adjudication (impartial mediator makes a decision based on written evidence)

f. Legal action

28. Each party acknowledges and agrees that any changes made in the terms and conditions of this AGREEMENT shall be made in writing and signed by both parties.

29. This AGREEMENT contains the entire understanding of the parties. There are no promises, understandings, agreements, or representations between the parties other than those expressly stated in this AGREEMENT.

30. Each party acknowledges and agrees that she or he signed this AGREEMENT voluntarily and freely, of his or her own choice, without any duress of any kind whatsoever. It is further acknowledged that each party has been advised to secure the advice and consent of a solicitor of his or her own choosing, and that each party understands the meaning and significance of each provision of the AGREEMENT.

DONOR

Signed:

Print:

Address:

Date:

DONOR’S WITNESS

Signed:

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Date:

RECIPIENT

Signed:

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Address:

Date:

RECIPIENT’S WITNESS

Signed:

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Address:

Date:

RECIPIENT’S PARTNER

Signed:

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Address:

Date:

RECIPIENT’S PARTNER’S WITNESS

Signed:

Print:

Address:

Date:

GUARDIAN (in the event of recipient’s and recipient’s partner’s death)

Signed:

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Address:

Date: