Legal Agreements in Donor Conception: Protecting Everyone
Before proceeding with a known donor, a legal agreement is essential. Here's what to include and why it matters.
Legal agreements are the foundation of any known donor arrangement. They protect the recipient, the donor, and most importantly, the child. Skipping this step — even with someone you trust completely — is a risk not worth taking.
Why You Need an Agreement
Without a legal agreement, a known donor could potentially claim parental rights — or be held financially responsible for a child they never intended to parent. Laws vary significantly by state, and courts have ruled in unexpected ways when no agreement exists.
Finding the Right Attorney
Work with a reproductive law attorney, not a general family law attorney. Reproductive law is a specialized field, and the nuances matter. The American Academy of Assisted Reproductive Technology Attorneys (AAARTA) maintains a directory of qualified attorneys.
What to Include
A comprehensive donor agreement should address: the donor's relinquishment of parental rights, the recipient's sole parental rights, financial responsibilities (neither party owes the other support), the donor's role (if any) in the child's life, medical information sharing, and confidentiality provisions.
Timing
The agreement must be signed before any donation occurs — not after. Courts have sometimes declined to enforce agreements signed after the fact. Both parties should have independent legal counsel review the document.
Second-Parent Adoption
If you have a partner, consider second-parent adoption to ensure both partners have legal parental rights. This is especially important for same-sex couples in states where parentage laws are less clear.
Updating Your Agreement
Life circumstances change. Review your agreement periodically and update it if major changes occur — a move to a different state, a change in the donor's relationship status, or a shift in the agreed-upon arrangement.