Should You Have a Contract With Your Donor?

People who find a sperm, egg or embryo donor may not be sure if they actually need a contract. Especially if they are close friends, family or just "plan to keep things simple". Legally speaking, they may not actually require a contract. However, it is almost always beneficial to have a contract in place, particularly where the donation is not anonymous.

For one, fertility clinics often require a contract. Clinics may be unwilling to facilitate a donation without one.

Secondly, a contract can serve as a critical piece of evidence in the event of a lawsuit (such as a donor seeking the rights of a parent or parents seeking child support from a donor). A contract, coupled with independent legal advice, allows the parties to show the court the original intention between or among them.

Finally, a contract can be used as a roadmap to help the parties avoid a conflict. Contracts can state what information the parties plan to share with each other in the future and how they intend to resolve a dispute, if any. Rather than relying on blurry memories or leaving the door open to misunderstandings in the future, it is advisable to have a clear contract that everyone reads, understands and commits to following.

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