Sperm Donation Agreements

In this section: Egg Donor Agreements | Embryo Donor Agreements | Sperm Donation Agreements | Surrogacy Agreements

The major considerations with insemination agreements are how to determine the parental roles and responsibilities, if any, of the donor; and how to protect the donor from any claim of support.

Persons who receive sperm donation wish to avoid unintended claims of parental rights. Donors wish to avoid unforseen claims for support.

Sperm donor agreements

Insemination agreements with the sperm donor typically:

relieve the donor of all responsibility, financial and otherwise, for a child;
relieve the donor of all responsibility for any genetic or inherited illness, condition, or birth defect provided the donor had and disclosed a medical screen;
assert exclusive parental rights and responsibilities, including custody, guardianship, and maintenance on behalf of the mother;
include a promise by the donor to consent to a declaration of parentage or a stepparent adoption.*

Parentage

In Ontario, the rights and obligations of a sperm donor are not spelled out in statute.

The intentions of the parties regarding the rights, if any, of the donor must be clearly defined in their contract.

In the absence of statutes or clear case law, the courts will look to the existence of a contract between the donor and the recipient(s).