Donated gametes play a critical role in medically assisted reproduction. Health care professionals create embryos using eggs and sperm acquired from the hopeful parents and donors. Most of the time, those acting as sperm donors have legal protection through clinical procedures and state law.
The paperwork that they execute when donating to a clinic largely absolves them of any legal or financial responsibility for any children produced through the sperm that they donate. However, in cases where known donors work directly with friends or family members to help them conceive, the matter can fall into a legal gray area.
Known donors may not have legal protection
A known donor is someone who has a pre-existing social relationship with the aspiring parents. They could be the siblings of a man who does not have viable sperm or the cousin of a lesbian hoping to grow her family.
People sometimes make the mistake of rushing through informal arrangements because they have an existing relationship with the new parents. This approach can be very dangerous, as the donor might eventually end up facing requests for child support.
Even in scenarios where the donor providing sperm has a lifelong friendship or family connection to the parents speaking gametes for medically assisted reproduction, they typically need to draft a contract clarifying their obligations and legal protections. Otherwise, a change in their relationship with the parents, their good fortune or the parents’ financial challenges could lead to an unexpected request for financial support.
Working with an attorney familiar with medically assisted reproduction is critical for parents and donors alike. Proper contracts take much of the risk out of donating gametes for medically-assisted reproduction.