SPERM DONOR

Sperm donation is perhaps the most widely known and accepted of all donation methods out there. Single women, lesbians, and married couples where the male is infertile often use sperm donation to help them achieve parenthood.

With that though, comes risks. The Uniform Parentage Act in California is very specific about parentage regarding sperm donation. Men who donate their sperm under the supervision of a doctor or fertility clinic are not legally the fathers of any children that result from their donation. The Uniform Parentage Act recognizes the spouse of the woman using the sperm as the legal father of the child ONLY if she is under the supervision of a doctor or fertility clinic. This means that both the donor and the recipient have to be under doctor supervision in order for the intended father of the child to be the spouse of the woman when it is born.

When many people think of sperm donation they think of the anonymous donor. The anonymous donor sells or donates his sperm to a fertility clinic (aka “sperm bank”). The clinic makes a contract with the woman, not the donor. Because this is under licensed medical supervision, it is covered by the Uniform Parentage Act.

But what happens if you know the donor? Technically the same rules apply. You both have to be under the care of a medical doctor for the Uniform Parentage Act to protect you both. But the problem is that people tend not to follow the rules when they know the donor. Some women inseminate at home, thus leaving all parties involved in a legal gray area because the Uniform Parentage Act does not apply.

What is the best way to protect yourself in this situation? The first, and easiest way, is to make sure you are under the care of a medical professional. The second easiest way is to have a contract. This contract should outline the responsibilities of the donor, the recipient, and the recipients spouse/partner. If you come to a mutual understanding with your donor, make sure to put it in a contract. Many known donors do not want to be legally responsible for a child from their donation but would like to have periodic contact with the child. That’s perfectly acceptable. Just make sure it is in the contract. That way, the legal responsibilities of all parties are clearly defined for everyone.

If you are interested in Sperm Donation Contracts, we urge you to contact us to help you through the process.

We are always up-to-date with current Sperm Donation laws and we follow the most current legal procedures to ensure that there are no obstacles in your arrangement. Let us help you with your Sperm Donation contract today!!

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