Are you considering using a known sperm or egg donor to start or grow your family? Before jumping into any agreements with a known donor, it’s important to have a comprehensive known donor agreement in place.

A known donor agreement is a legal document that outlines the terms and conditions of the donor’s involvement in the conception process. This agreement is meant to protect all parties involved: the intended parents, the donor, and any resulting children.

Here is a template of the key elements that should be included in a known donor agreement:

1. Identity of Parties Involved

First and foremost, the agreement should clearly identify and define the parties involved. This includes the intended parents, the donor, and any legal guardianship or partnership rights.

2. Purpose of Agreement

The agreement should outline the purpose of the arrangement, including the intended use of the donor’s sperm or egg. This section should also specify how many attempts will be made for insemination or IVF.

3. Parental Rights and Responsibilities

This section should clearly outline the intended parent’s rights and responsibilities, including custody and guardianship. This will help avoid any confusion in the future about the role and obligations of each party.

4. Medical Testing

It’s important to require medical testing before any insemination or IVF is done. The agreement should outline the necessary types of testing, who will cover the costs, and what the consequences would be if a positive test result is received.

5. Confidentiality and Privacy Agreements

Privacy is a top priority for all parties involved in a known donor agreement. This section should outline any confidentiality agreements, including whether the donor’s identity will remain anonymous or if any identifying information will be shared with the child.

6. Termination of Agreement

The agreement should include an option for termination. This would include anything from the inability to conceive to any disagreements between the parties involved. It would also outline any obligations or responsibilities that continue after the agreement has ended.

7. Legal Advice

It’s highly recommended to seek legal advice before entering into any known donor agreement. This section would outline the need for each party to have their own legal representation to ensure that all interests are properly represented and protected.

A known donor agreement is a significant legal document that should not be taken lightly. It’s important to have a comprehensive agreement in place before any insemination or IVF is done. Both intended parents and donors should seek legal advice before entering into this agreement.

If you are considering a known donor, it may be helpful to consult with an experienced attorney to ensure that your known donor agreement is legally sound and comprehensive. With the right agreements in place, you can start or grow your family with confidence.