For parents considering sperm donor agreements, there are a few key aspects to keep in mind. Within the State of California, assisted reproduction is equally regarded to natural reproduction as establishing a legal parent and child relationship. Here is everything you need to know about sperm donor agreements in California.
What are the basic agreements involving sperm donors?
First and foremost, there are three types of donors to choose from:
- Known donors: men who are known to an individual at the time of conception (such as a friend or loved one)
- Identity release donors: men who donate to sperm banks, and whose sperm can be purchased anonymously; these men have also legally agreed that their identities can be shared with any of their sperm’s offspring when they reach the age of 18
- Anonymous donors: men who donate to sperm banks with no agreement that their identities can ever be released to future offspring from their sperm
Choosing from these types of donors can be a very personal decision, and there is no correct or incorrect answer as to which is best to choose.
Since 2016, California law states that a man who donates his sperm for use in assisted reproduction, and is pursuant to a signed legal agreement by all involved parties prior to conception, will be treated as if he were not the natural father of the child. Thus, this clearly written agreement between the sperm donor and the recipient(s) institutes that the donor will not be found as the resulting child’s legal father.
Related: Assisted Reproduction Laws in California
Why is it important to have a written sperm donation agreement?
Aside from determining a sperm donor’s legal status, there are other factors regarding why it is important to have a written sperm donation agreement. For example, having a legal, written agreement with terms that both parties are in accordance with, assures that both the donor and recipient are clear with one another and themselves about their intentions and what they expect after the assisted reproduction.
Furthermore, a contract agreed upon by both parties might prove useful in a matter of court – if a situation were to arise where a court needed to choose a potential second parent for a child. In this case, a written agreement might prove useful for an individual attempting to gain custody over a donor who signed away any parental rights or responsibilities.
Can sperm donors be liable for child support in California?
California law states a sperm donor’s legal parent status depends on the circumstances of the sperm donation. As a result of prior guidelines stated earlier, by law, a sperm donor is treated as if he were not the natural parent of a child conceived. In other words, so long as the assisted reproduction takes place under the supervision of a medical professional, the sperm donor has no legal right to claim the child as their own, unless this is agreed upon in a written contract prior to conception. However, within the last decade, California law recently introduced the idea that a sperm donor may be given the right to seek legal parent status so long as they maintained a relationship with the child.
Related: Are Sperm Donors Liable for Child Support in California?
What is the legal difference between a sperm donor and a father?
Specific to California law, a man is a sperm donor and not a father if the child is conceived through assisted reproduction, and either the sperm donor provides his sperm to a physician or sperm bank, or if there is a written agreement in place between the donor and recipients prior to conception. This written agreement, as emphasized earlier, would clearly state the intentions and expectations of all involved parties as to whether or not the man will be solely a sperm donor or a father as well.
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