Guide to Sperm Donor Agreements…

Making the decision to use a sperm donor is an important decision. When this decision is made, it is best to formalise the terms of any arrangement made for the donation of sperm for the purposes of enabling pregnancy in an agreement. This agreement will provide certainty to the arrangement and will help to define the nature of the agreement.

These agreements can sometimes however be complicated to put together. In this article we will be providing helpful tips that will allow you to navigate the ins and outs of sperm donor agreements.

What is a donor agreement?

A donor agreement is a written agreement made between a sperm donor and the receiving party. These agreements are generally made to define each party’s role in the arrangement, and to ensure that each party is on the same page. 

What is the purpose of a donor agreement?

A donor agreement seeks to protect each party by defining their roles and legal rights regarding the donation of sperm and any child that this donation may lead to.

What needs to be included in a donor agreement?

The first element that should be included in a donor agreement is a definition of who the parties are and what their role in the sperm donation is. Usually, the Agreement will define who the donor is, who the recipient is, and who the partner of the recipient is if there is one. The recipient is the person who will be artificially inseminated using the sperm provided by the donor.

A donor agreement should also include the parenting and guardianship arrangements that the parties intend to put into place upon the birth of the child from a successful donation. In most cases, parties will opt to give the recipient, and the recipients partner full guardianship over the child, whilst the donor will generally not have guardianship or parental duties regarding the child and the child’s upbringing.

Parties can however tailor the agreement to reflect their unique situation, including giving the donor certain rights or options regarding their relationship child. Often, there will be clauses in the agreement whereby the recipient will agree to send the donor updates on the child, in the form of photos or text updates.

Donor agreements are flexible and allow the parties to agree on as much, or as little involvement from the donor as is deemed to be appropriate.

It is important to remember that it is not legal to pay a donor for their sperm in New Zealand, so a clause containing any payment for doing so is not permitted to be included in an agreement.

Donor agreements can be complicated, and it is important to get them right to protect both the donor and the recipient.

If there is confusion around any aspects of a donor agreement, it pays to seek advice from a professional with experience in the area.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.