17 July 2020
Family law – Sperm donor agreement
We have been approached to prepare a sperm donor agreement, acting on behalf of the mother, not the donor.
Is it possible to prepare a binding agreement? From the research, it appears not. Some information or direction would be very helpful.
Thank you for the question.
If treatment is to be administered by a doctor, then the Assisted Reproductive Treatment Act 2008 (VIC) regulates such an arrangement and the client should be referred to a registered assisted reproductive treatment provider.
For more information see the Victorian Assisted Reproductive Treatment Authority website.
In the case of self-insemination, sperm donor agreements may not be enforceable and therefore it is best practice for an agreement to be finalised by consent orders.
Donor agreements or orders typically seek to absolve the donor from legal, financial and other parental responsibility and seek to waive the donor’s right to custody or guardianship. However, the court can make contrary orders if it is in the child’s best interests.
Regards
Mentor
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