Understanding Sperm Donation Contracts

A sperm donation contract is a written agreement between the intended parents and the sperm donor. This contract outlines the rights, responsibilities, and obligations of all parties. These contracts are tailored to the specific of each unique sperm donation arrangement. Oftentimes, the sperm donation agreement may include details regarding future contact, travel expenses, timelines for medical appointments, anonymity preferences, and privacy considerations, among other aspects.

Sperm donor contracts are designed to protect the rights of everyone involved. At Klein Fertility Law, our lawyers have the expertise to help draft comprehensive contracts that meet our clients’ needs, protect all parties, and are compliant with local laws.

What elements should be included in a sperm donation contract?

A well drafted sperm donor contract should include some of the following elements:

Intent, rights, and obligations of the intended parents and the sperm donor
Establishment of a trust or escrow account for any fees, payments and/or reimbursements for the donor
Legal ownership and parental rights of any donated sperm, resulting embryos, and children born as a result of the donation
Timelines for medical requirements, travel expenses, reimbursements, future contact, etc.
Potential risks, liabilities, and resolution for conflicts

To ensure your sperm donor contract is compliant with state law and industry standards, it's best to consult with an experienced fertility law firm like Klein Fertility Law. Fertility law is a unique field that requires expert knowledge and it is crucial for your attorney to properly draft your sperm donation contract. At Klein Fertility Law, we have over 35 years of experience building, updating, and refining sperm donor contracts designed to fully protect the rights of your family.

What sets "open" sperm donation apart from "closed" sperm donation?

A sperm donation can be categorized as open, semi-open, or closed. While definitions may vary between agencies, fertility clinics, and attorneys, generally:

Open arrangement: Both parties know each other's full identities and expect future contact.
Closed arrangement: The parties anticipate total anonymity and no future contact.
Semi-open arrangement: Parties have limited information about each other and may be open to future contact with assistance from a third party, such as their agency or fertility clinic.

Klein Fertility Law can help guide you through these different options to ensure that your sperm donation contract sets clear guidelines for you, the donor and your future family.

Can I just use a sample sperm donor contract or template I found online?

We do not recommend using a sample sperm donor contract, as it may jeopardize your parental rights, expose you to unwanted liabilities, and leave you vulnerable to unexpected risks. You could use sample contracts for reference only.

Egg Donor Contract FAQs

What is a sperm donor contract, and why is it important?

A sperm donor contract is a legal agreement between a sperm donor and intended parents that outlines each party's rights, responsibilities, and obligations. A properly drafted sperm donor contract is important because it will also establish parental rights for intended parents.

How does a sperm donor contract protect intended parents?

It establishes that the donor voluntarily relinquishes all legal and parental rights to the donated sperm, resulting embryos or any children born as a result of the sperm donation; therefore, the sperm donor has no authority to make decisions regarding the use of the donated sperm and/or the resulting embryos. Furthermore, the sperm donor will have no parental rights to any children born as a result of his donation.

Can a sperm donor contract outline steps for future communication?

Do sperm donor contract laws vary by state?

Why should intended parents work with a fertility lawyer for sperm donation?

Learn More About Sperm Donor Contracts

At Klein Fertility Law, we have the experience necessary to ensure your sperm donor contract meets your unique needs and specific arrangement. We help include language to avoid potential conflicts, provide clear resolutions, and safeguard you from unforeseen legal issues after your baby is born.