Q:Is it necessary for me to have a written legal agreement with my sperm donor?
A: If you are using a known donor, sometimes called a “directed” or “selected” donor, it is very important to have a written agreement directly between you and your donor. The law treats direct agreements between two people differently than agreements made using a third party intermediary, such as a clinic or cryobank. A direct agreement is the best way to memorialize your joint intent in entering into the donation arrangement. You don’t want any misunderstandings down the road.
Q:What are some of the issues that would be covered by a legal agreement with the donor?
A: The legal agreement will typically establish the intentions and responsibilities of the parties and address their mutually agreed upon decisions regarding confidentiality, sharing of future medical information, future contact (if any), financial arrangements, and the disposition of any embryos remaining after treatment is concluded.
Q:Is it necessary to get a doctor involved for the insemination, or can I just do it at home?
A: You are going to be in a better legal position if you use a physician. Failure to use a physician can have the drastic consequence of granting legal parental rights to the donor. The exact legal implications of at-home insemination will vary from state to state, and will also depends on factors particular to your situation such as whether you are married or single. An additional important factor is that going through a physician will allow your donor to be screened for communicable diseases and genetic disorders, and thus will better protect the health of both mom and baby.
Q:I performed an at-home insemination with sperm from my friend. We both agreed that he wouldn’t be the father of the child. Do you anticipate that we might have any legal problems down the road?
A: There are many factors involved with assessing the legal parental relationships in a sperm donation situation. In situations involving at-home insemination, the Parties won’t be able to rely on the protections of those laws that require physician involvement to terminate a sperm donor’s rights. However, there are often alternative methods available to terminate the donor’s rights. It is important to speak with an attorney to determine the laws that will be applicable to you situation.
Q:We are a female same-sex couple expecting a child in a few months using donor sperm. What steps do we need to go through to make sure we both have full legal rights to our child? Is it sufficient to just make sure both of our names go on the birth certificate?
A: If you are a married couple and your child is born in New Hampshire, the names of both mothers can go directly on the birth certificate. However, the birth certificate is not conclusive proof of maternity and is not guaranteed to be accepted as evidence of maternity outside of New Hampshire. It is important for the wife who did not carry the pregnancy to establish her maternal rights through court action, such as through a second parent adoption.
Q:Will the known donor have to go to court for the second parent adoption?
A: I would want to look at your donor contract and birth certificate in order to assess the rights and responsibilities with regards to the donor. In many situations, the donor will not need to be involved at all with the court process. In some situations, the donor will be notified of the court process by mail but will not need to come to court. In rare situations, the donor will have to give up his rights in court, but I want to emphasize that this is a highly unusual situation. The best way to avoid getting your donor involved in the second parent adoption process is to seek legal advice before you get pregnant.
Q:We are a lesbian couple expecting our first child through known sperm donation. We did not do a legal agreement with the donor before the insemination. Is it too late now to do anything?
A: We can still do a Memorandum of Understanding to memorialize your intentions. Contact me right away so we can get started. The longer you wait, the less value the document will have.
Q: I donated sperm to my friend, and she did not put my name on the birth certificate when the baby was born. That means I’m not the legal father, right?
A: Again, the birth certificate is not conclusive proof of parentage. Please speak to an attorney to determine whether your legal parental rights were sufficiently terminated through the sperm donation process. If not, you can proceed with court action to try to terminate any rights that you may have retained. Otherwise, you are at risk of being held legally responsible for parental obligations such as child support.
Q:I heard about a case in Kansas where the sperm donor was forced to pay child support. I wish to donate sperm to a friend of mine, but I want to make sure I don’t end up on the hook for child support. What do I need to do?
A: Donating sperm to a friend is a very generous thing, but please ensure that you are legally protected by using an attorney to draw up a legal agreement between you and your friend. At the Law Office of Catherine Tucker, we can prepare such an agreement customized to your particular situation, and can also advise you on the legal risks that your particular arrangement might entail.
Please contact me at the Law Office of Catherine Tucker to learn more about how I can assist you with your sperm donation arrangement.
