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|10-27-2008, 03:35 PM||#1 (permalink)|
Join Date: Oct 2008
Sperm Donor Agreement - Need some to look over form.
Hi, I received a document I was told could be used as a legal sperm donor contract. I live in Utah. Below is the agreement. Please if you have some legal background, look it over and tell me if it looks okay. I am concerned about number 3 that says the donor received nothing from recipient. There was actually a line in here to put something and I changed it to nothing, but I am thinking we actually might need a dollar amount in there to make it legal. I think I've heard something about there needing to be an exchange on both sides. Please help!!
This AGREEMENT is made this ______ day of ____________________, 200__, by and between __________________________________________, hereafter DONOR, and __________________________________________, hereafter RECIPIENT, who may also be referred to herein as the parties.
NOW, THEREFORE, in consideration of the promises of each other, DONOR and RECIPIENT agree as follows:
1. Each clause of the AGREEMENT is separate and divisible from the others, and, should a court refuse to enforce one or more clauses of this AGREEMENT, the others are still valid and in full force.
2. DONOR has agreed to provide his semen to RECIPIENT for the purpose of artificial insemination.
3. In exchange, DONOR has received from RECIPIENT nothing.
4. Each party acknowledges and agrees that, through the procedure of artificial insemination, the RECIPIENT is attempting to become pregnant. It is our intent that such inseminations shall continue until conception occurs.
5. Each party acknowledges and agrees that DONOR provided his semen for the purposes of said artificial insemination, and did so with the clear understanding that he would not demand, request, or compel any guardianship, custody or visitation rights with any child born from the artificial insemination procedure. Further, DONOR acknowledges that he fully understands that he would have no paternal rights whatsoever with said child.
6. Each party acknowledges and agrees that RECIPIENT has relinquished any and all rights that she might otherwise have to hold DONOR legally, financially, or emotionally responsible for any child that results from the artificial insemination procedure.
7. Each party acknowledges and agrees that the sole authority to name any child resulting from the artificial insemination procedure shall rest with RECIPIENT.
8. Each party acknowledges and agrees that there shall be no father named on the birth certificate of any child born from the artificial insemination procedure.
9. Each party relinquishes and releases any and all rights he or she may have to bring a suit to establish paternity.
10. Each party covenants and agrees that, in light of the expectations of each party, as stated above, RECIPIENT shall have absolute authority and power to appoint a guardian for her child, and that the mother and guardian may act with sole discretion as to all legal financial, medical and emotional needs of said child without any involvement with or demands of authority from DONOR.
11. Each party covenants and agrees that the identity of the DONOR shall be made known to the child at a time and in a manner to be determined solely by the RECIPIENT.
12. Each party acknowledges and agrees that the relinquishment of all rights, as stated above, is final and irrevocable. DONOR further understands that his waivers shall prohibit any action on his part for custody, guardianship, or visitation in any future situations, including the event of RECIPIENT's disability or death.
13. Each party acknowledges and understands that any future contact the DONOR may have with any child(ren) that result(s) from the artificial insemination procedure in no way alters the effect of this agreement. Any such contact will be at the discretion of the RECIPIENT and/or appointed guardian, and will be consistent with the intent of both parties to sever any and all parental rights and responsibilities of the DONOR.
14. Each party covenants and agrees that any dispute pertaining to this AGREEMENT which arises between them shall be submitted to binding arbitration according to the following procedures:
The request for arbitration may be made by either party and shall be in writing and delivered to the other party;
Pending the outcome of arbitration, there shall be no change made in the language of this AGREEMENT;
The arbitration panel that will resolve any disputes regarding this AGREEMENT shall consist of three persons; one person chosen by DONOR, one person chosen by RECIPIENT; and on person chosen by the other two panel members;
Within fourteen calendar days following the written arbitration request, the arbitrators shall be chosen;
Within fourteen days following the selection of all members of the arbitration panel, the panel will hear the dispute between parties;
Within seven days subsequent to the hearing, the arbitration panel will make a decision and communicate it in writing to each party.
15. Each party acknowledges and understands that there are legal questions raised by the issues involved in this AGREEMENT which have not been settled by stature or prior court decisions. Notwithstanding the knowledge that certain of the clauses stated herein may not be enforced in a court of law, the parties choose to enter into this AGREEMENT and clarify their intent that existed at the time the artificial insemination procedure was implemented by them.
16. Each party acknowledges and agrees that she or he signed this AGREEMENT voluntarily and freely, of his or her own choice, without any duress of any kind whatsoever. It is further acknowledged that each party has been advised to secure the advice and consent of an attorney of his or her own choosing, and that each party understands the meaning and significance of each provision of this AGREEMENT.
17. Each party acknowledges and agrees that any changes made in the terms and conditions of the AGREEMENT shall be made in writing and signed by both parties.
18. This AGREEMENT contains the entire understanding of the parties. There are no promises, understandings, agreements or representations between the parties other than those expressly stated in this AGREEMENT.
IN WITNESS WHEREOF, the parties hereunto have executed this AGREEMENT, in the
City of _________________, and State of __________________, on the day and year first above written.
Donor Print Name
Recipient Print Name
Notary Print Name
|10-27-2008, 09:03 PM||#2 (permalink)|
Join Date: Aug 2008
Private agreements that are contracts can do just about anything, but don't go to a court if you want to enforce an agreement to sell part of your body or in some states, your semen. One cannot find a court to enforce an agreement that is inherently illegal... so check with your state's case law to determine if there are cases where semen sales were allowed. I'm sure there are services sold pertaining to retrieving, storing, transporting, implanting, and carrying the fertilized results of semen donated by anonymous donors... but actually selling eggs or semen directly to the recipient is very edgy to me. I'm NOT a lawyer, so let's see if you can get one of our lawyers to respond with a little research ... perhaps you should tell us your state... and theirs.
I'd be interested in how to prevent the buyer from suing you if they could prove that your semen actually introduced a disease to their body or produced a genetic anomaly that could cost lots of money if it were possible to correct and create lots of heartache to the parents.
I understand clearly that there are semen banks that pay the donor, but it is not a contract between donor and recipient at that point. I think that intermediary would protect the donor if he had a mutant gene or a disease that would be passed with the semen.
Think about it. Even a lawyer between the sides of this kind of transaction would be better than direct knowledge.
Last edited by boykinmama; 10-27-2008 at 09:15 PM.