Fertility issues are difficult enough on potential parents. Why add the stress and cost of obtaining a contract between prospective parents and a donor? There are many situations when a donor agreement is needed to protect everyone’s interests. In the future, the child may require medical or financial assistance; or, the child may just want to pursue a relationship with the biological parent.
Unless you have an anonymous donor, you and the donor may form a contract to determine how each eventual “what if” will be resolved. Pursuant to California’s Family Code, §7613(b), “the donor of semen…for use in assisted reproduction…other than the donor’s spouse is treated in law as if he were not the natural parent of a child thereby conceived, unless otherwise agreed to in a writing signed by the donor and the woman prior to the conception of the child.” Sperm donation is the most common but this also applies to egg donation or gamete donation (surrogacy). See In re Marriage of Buzzanca (1998) 61 Cal.App.4th 1410.
*Christine Reynolds is licensed to practice law in the state of Indiana. She currently works at The Reape-Rickett Law Firm as a law clerk.