Many couples (including same sex couples) today are choosing to use a sperm donor in an effort to begin or grow their families. While this can be an exceptionally exciting time for a couple, there are many legal considerations during the sperm donation process. This applies to both the sperm donor and the intended parents.
Florida Statutes Section 742.14 states that a the donor of any egg, sperm, or preembryo, other than the commissioning couple or a father who has executed a preplanned adoption agreement under s. 63.212, shall relinquish all maternal or paternal rights and obligations with respect to the donation or the resulting children. Only reasonable compensation directly related to the donation of eggs, sperm, and preembryos shall be permitted.
Moreover, Florida law (s. 742.15) specifically outlines the procedure for a gestational surrogacy contract which is a written agreement between the gestational surrogate (woman who contracts to become pregnant by means of assisted reproductive technology without the use of an egg from her body) and the commissioning couple (the intended mother and father of a child who will be conceived by means of assisted reproductive technology using the eggs or sperm of at least one of the intended parents)
A sperm donor agreement on the other hand, outlines the terms of the donation of the male reproductive cells and protects both parties from unwanted legal situations in the event that a child is conceived using the donated cells. A sperm donor agreement might include stipulations such as:
- Whether or not the sperm donor will have the right to any contact with a child, should a child be conceived;
- Limit parental responsibility and timesharing with the minor child that is conceived;
- Allow for the adoption of the conceived child (including same sex adoptions);
- How the sperm donor will be compensated for the donation;
- Protect the sperm donor from being financially responsible for any child conceived with the donated sperm;
- Outline the measures that will be taken in the event that the sperm recipient dies while the child is still a minor.
These are just some of the aspects of a sperm donor agreement that must be considered. There are many “blanket” agreements that can be printed online, but it is not in your best interest or the best interest of your future child to use such an agreement. It is important that you contact a qualified, experienced attorney who can help you draft a sperm donor agreement or gestational surrogacy contract that is customized to your unique situation and will be recognized in the eyes of the law. The legal team at Segarra & Associates, P.A. is caring, compassionate and dedicated to helping you to start your family with confidence.
Contact us for a consultation regarding your sperm donor agreement or gestational surrogacy contract. We are committed to giving your case our full attention and are available now to speak with you. Call us today. (305) 742-5042.