Other people have suggested that they simply write an agreement between the known sperm donor and the couple and that will solve everything. Again, no. Sorry. Too easy. The guy is still the biological father unless the judge terminates his parental rights. Sperm can be donated by the donor directly to the intended recipient or through a sperm bank or fertility clinic. Pregnancies are usually achieved through the use of donor sperm in assisted reproduction techniques (ART) that involve artificial insemination (either by intracervical insemination (IBI) or intrauterine insemination (IUI) in a clinic or intravaginal insemination at home). Less commonly, donor sperm can be used in in vitro fertilization (IVF). The main recipients of donor sperm are single women, lesbian couples and heterosexual couples suffering from male infertility. [2] I cannot stress this enough: you should always seek legal advice before entering into an agreement with a known donor. In the UK, most donors are anonymous at the time of donation and recipients can only see non-identifiable information about their donor (height, weight, ethnicity, etc.).
Donors must provide identifying information to the clinic, and clinics will typically ask the donor`s primary care physician to confirm all medical details they have received. Donors are asked to provide a portrait of themselves in the pen, which will be kept by the HFEA and can be obtained from the adult conceived from the donation at age 16, as well as identifying information such as the donor`s name and last known address at age 18. Known donations are allowed and it is not uncommon for family or friends to donate to a recipient couple. The frozen vials are then sold directly to a recipient or through a doctor or fertility centre and used in fertility treatments. If a woman becomes pregnant with a donor, this pregnancy and subsequent birth should normally be reported to the sperm bank so that she can record the number of pregnancies produced by each donor. The law thus made a subtle distinction based on the method of conception: the biological relationship between father and child and the reason for pregnancy become independent of whether the child was conceived naturally or artificially, but the legal situation was different. [16] In some countries and situations, sperm donors may be held legally liable for any child they produce, but at NI, the legal risk of paternity for a donor has always been absolute. Natural fertilization donors therefore often donate without revealing their identity. Thank you for your comment.
Yes, advice must be provided by separate lawyers working in different law firms. It is not sufficient for the parties to have separate discussions with the same lawyer and it would not be sufficient for the parties to have separate discussions with different lawyers within the same firm. The agreement would stipulate that both parties have received independent legal advice and understand their rights and obligations. It is possible that the recipient covers the costs of the donor`s legal advice without affecting the fact that the donor`s advice is independent. If a child is born to LGBTIQ parents, the sperm donor will not be assessed as a “parent” for child support purposes under the Child Support Act 1989 (Cth). Hi, my wife and I want to get pregnant through AI at home, we have joined some donor websites and we make sure to describe in advance what we want and would expect from a donor. My wife and I are the parents, but I`m more than happy if they have photos every few years or if they want to be updated. I also think I want our children to know who the donor is when they are older (18), as horrible and confusing as it may be to have to involve a 3rd person even if me and my wife were the parents, a child should know where they come from and the donor will be separated from them. I know that because my wife and I are married, the donor will have no rights over our child, but it is still worth entering into a contract and spending a lot of money on lawyers if it is not legal right away because we are married. To be completely honest, everything is very confusing. Thank you in advance 🙂 Does your donor have a current and binding appointment in his pension fund? 2) Do you want your child to have a relationship with the sperm donor from an early age? In 1973, the Commissioners on Uniform State Laws and, a year later, the American Bar Association passed the Uniform Filage Act.
This law provides that if a woman is artificially inseminated with donor sperm under medical supervision and with the consent of her husband, the husband is legally considered the natural father of the fertilized child. This law was followed by similar laws in many states. [91] While the use of sperm donation allows same-sex couples to start their families, many legal pitfalls can arise. Same-sex couples should always consult a lawyer who can advise them on how best to protect the rights of mothers and children.