Deanna can help with sperm or egg donor agreements in both Australia and overseas. This includes legal advice and drafting and reviewing agreements.
IVF Lawyer recommendation:
Deanna Elsner recommends that a Donor Agreement is written to make clear the expectations and intentions of both parties.
What are donor agreements?
A Donor Agreement is a written agreement between a sperm donor and a recipient parent(s) which sets out the intentions and expectations of the parties.
Whilst Donor Agreements are not legally enforceable they are helpful where sperm donations are done outside a clinic (for instance home inseminations) and/or using a known sperm donor. Sperm donors who are identified, without the use of a fertility clinic, are often referred to as private sperm donors.
Entering into a Donor Agreement, prior to becoming pregnant provides a great opportunity for all parties to consider the arrangements around pre-conception, pregnancy and birth and what, if any, relationship the donor is to have with the child. The process itself enables the parties to make informed decisions and will reduce the risk of conflicts arising in the future.
If the donor agreements are not legally binding then what’s the point?
A donor agreement is extremely important to prepare prior to entering this arrangement.
It is an exciting time, you are not adversaries but on the same team. You are about to make a baby.
It is crucial at this time to discuss your intentions and expectations prior to entering into this arrangement and the best way to do this is making a donor agreement.
We are lawyers so if there was a dispute when the child is born then this would be considered evidence should the matter go to Court, particularly if the agreement has been prepared by a lawyer and both parties have received independent legal advice.
