Sample Donor Contract/Agreement

SPERM DONOR AGREEMENT
This agreement is made this ___ day of ______, 2007 by and between ______, and ______, and ______ who may be collectively referred to herein as the Parties. *
*[If there the recipient is a couple, include both names of the couple there, and have both
members of the couple sign at the end, especially if there is any hope that the other woman
hopes to use the same donor in the future. In this case change recipient to recipients throughout.]
NOW, THEREFORE, in consideration of the promises of each other, DONOR, RECIPIENT,
AND CO-PARENT agree as follows:
DONOR AGREEMENT (_________, _______________, and ________*PARTIES LAST
NAMES)
_________ _____ _________ _____ _________ _____
Party initial Dated Party initial Dated Party initial Dated

1. Each clause of this 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. Each Party acknowledges and agrees that, through the procedure of artificial insemination
with the use of DONOR's semen, RECIPIENT * intends to become pregnant. DONOR
has *agreed to provide*d his semen to RECIPIENT * for the purpose of artificial
insemination, as follows. DONOR intends as far as is reasonably practical for him, to
provide his semen to RECIPIENT until such time as RECIPIENT conceives, or at least
for twelve (12) months from the date of first insemination, whichever occurs first, on a
monthly basis, as may be requested of him by RECIPIENT according to her ovulation
cycle.
*or [As soon as is practical RECIPIENT will attempt to become pregnant through artificial
insemination, and that such inseminations will continue until conception occurs, unless either
party notifies the other in writing of their unwillingness or impossibility of continuing with the
donations and inseminations. At such time, inseminations using the DONOR’s semen will cease.
*The parties have further agreed that DONOR's semen may be frozen at the time of donation and
may be used solely by RECIPIENT *at a subsequent time.
* or: during this 12 month period or until conception.
3. *In exchange for the donation of sperm RECIPIENT and C0-PARENT have agreed to
indemnify DONOR as described below, and to pay the sum of * dollars ($*) to DONOR
* [ or: the parties agree that a payment of one dollar ($30.00) will be made to DONOR each and
every time he makes a semen donation.] [INCLUDE SOME PAYMENT OF MONEY]
* RECIPIENT and CO-PARENT agree to pay for DONOR's physical exam, blood screening,
semen analysis, office visits for the purpose of making semen donations, less amounts covered
by DONOR’s medical insurance, as well as any transportation costs and other expenses
associated with this AGREEMENT.
*4. DONOR represents that he has been tested for HIV and other STDs, and tested negative,
and that he has engaged in “safer sex” activities and refrained from sharing needles for six
DONOR AGREEMENT (_________, _______________, and ________*PARTIES LAST
NAMES)
_________ _____ _________ _____ _________ _____
Party initial Dated Party initial Dated Party initial Dated

(6) months prior to and subsequent to the test and will continue to do so for the entire
period he is making sperm donations to RECIPIENT.
* DONOR has agreed to submit to such medical testing, if any, as may be requested of
him by RECIPIENT and CO-PARENT, including tests that relate to conception, fertility
and sexually transmitted diseases, at RECIPIENT and CO-PARENT’S expense.
5. Each Party is a single person who has never married.** RECIPIENT is an a registered
domestic partner relationship with CO-PARENT. RECIPIENT and CO-PARENT
consider themselves to be each other’s spouses and intend to both be the legal parents of
any child(ren) born of this procedure.
6. *[If sperm is to be frozen/stored describe what is to be done with any sperm left over
after pregnancy is achieved. For example:
* Any frozen sperm that exists after a successful pregnancy is achieved will be the property of
DONOR.
* RECIPIENT and CO-PARENT will bay for any costs associated with sperm storage or
disposal of unused sperm.
Any use of DONOR sperm after a successful pregnancy has been achieved will be the subject of
a second agreement, or a written addendum to this agreement.
Or * RECIPIENT and CO-PARENT may hold onto it for future attempts of one of the
recipient/not used by anyone else, etc.]
7. Each Party acknowledges and agrees that DONOR provided his semen for the purpose of
said artificial insemination, and RECIPIENT and CO-PARENT accept it for said purpose
with the clear understanding that DONOR agrees that he would not demand, request, or
compel any guardianship, custody, or visitation rights with any child(ren) born from the
artificial insemination procedure. Further, DONOR acknowledges that he fully
understands that he will have no paternal rights whatsoever with said child(ren) and that
he will not have the legal rights that are traditionally vested in the biological father of a
child(ren).
DONOR AGREEMENT (_________, _______________, and ________*PARTIES LAST
NAMES)
_________ _____ _________ _____ _________ _____
Party initial Dated Party initial Dated Party initial Dated

6. [THIS IS AN IMPORTANT CLAUSE THAT YOU REALLY HAVE TO
UNDERSTAND] ** RECIPIENT AND CO-PARENT further agree to indemnify
DONOR and hold him harmless for any child support payments demanded of him by
any other person or entity, public or private, including any district attorne’s office or
other state or county agency, regardless of the circumstances of said demand.
7. Each Party acknowledges and agrees that RECIPIENT and CO-PARENT, through this
AGREEMENT, each have separately relinquished and released any and all rights that
they might otherwise have to hold DONOR legally, financially, or emotionally
responsible for any child(ren) that results from the artificial insemination procedure.
DONOR acknowledges that RECIPIENT and CO-PARENT shall share full parenting
responsibility of any child(ren) so conceived.
8. Each Party acknowledges and agrees that the sole authority to name any child(ren)
resulting from the artificial insemination procedure shall rest with RECIPIENT and COPARENT.
9. Each Party acknowledges and agrees that there shall be no father named on the birth
certificate of any child(ren) born from the artificial insemination procedure. RECIPIENT
intends to name CO-PARENT as a parent on the birth certificate upon receiving legal
authority to do so through an adoption or other means.
10. ****Each Party acknowledges and agrees that the use of a licensed physician or health
care facility to receive the semen donations, as well as the execution of this
AGREEMENT, were specifically chosen, pursuant to California Family Code section
7613 (b), to avoid any finding that the DONOR is a legal father of the child (ren).
Consistent with that purpose, each Party has executed this AGREEMENT with the
purpose of clarifying her or his intent to release and relinquish any and all rights she or he
may have to bring a suit to establish the paternity of any child(ren) conceived through the
procedure of artificial insemination.
11. Each Party covenants and agrees that, in light of the expectations of each Party, as stated
above, RECIPIENT and CO-PARENT shall have absolute authority and power to
appoint a guardian for her child(ren), and that the mother and guardian may act with sole
discretion as to all legal, financial, medical, emotional needs of said child(ren) without any
involvement with or demands of authority from DONOR. The parties further
DONOR AGREEMENT (_________, _______________, and ________*PARTIES LAST
NAMES)
_________ _____ _________ _____ _________ _____
Party initial Dated Party initial Dated Party initial Dated

acknowledge that it is the intent of RECIPIENT and CO-PARENT that they will file
legal proceedings to name CO-PARENT as a parent of any child(ren) born from the
artificial insemination, to have equal parental rights as RECIPIENT, as soon as they
reasonably can. DONOR agreed to provide his semen for purposes of this insemination,
with the intent that any child(ren) conceived thereby be jointly raised by RECIPIENT
and CO-PARENT. DONOR and RECIPIENT both specifically consent to such a
proceeding, and DONOR and RECIPIENT both agree to execute any documents
necessary to facilitate any such legal proceeding.
12. RECIPIENT has specifically informed DONOR that she intends to name CO-PARENT,
as the legal guardian of the child(ren) in her Will and Nomination of Guardian.
RECIPIENT has also informed DONOR of her intent to name alternate guardians should
both she and CO-PARENT be unable to parent. When CO-PARENT’S parental rights
are established, by operation of law or otherwise, C0-PARENT will also have the
independent right to name a guardian of her own choosing should she and RECIPIENT be
unable to parent. DONOR specifically waives any right to object to the appointment of
individuals chosen as guardian by RECIPIENT and or CO-PARENT.
13. Each party covenants and agrees that none of them will identify the DONOR as the
parent of the child(ren) as DONOR has relinquished all paternity rights. However, no
party shall be restricted from disclosing the DONOR was the donor for the insemination
procedure which resulted in the birth of said child(ren.)
14. * Despite the relinquishment of all legal rights by DONOR and RECIPIENT, * the
Parties have agreed that it is in the best interests of the child(ren) that the DONOR'S
identity be disclosed to the child(ren) and that any future contact DONOR may have
with any child(ren) that result from the artificial insemination procedure in no way alters
the effect of this agreement. Any such contact will be at the sole discretion of the
RECIPIENT and will be consistent with the intent of all parties as detailed in this
agreement.
* The parties agree and acknowledge that if the child(ren) express a desire to meet the
DONOR, and the RECIPIENT and CO-PARENT agree that to do so would be in the
best interests of the child(ren,) DONOR will be receptive to such contact. The parties
agree that any contact or friendship with DONOR by any such child(ren) shall not
constitute a parental or familial relationship for any purpose. DONOR agrees to keep
DONOR AGREEMENT (_________, _______________, and ________*PARTIES LAST
NAMES)
_________ _____ _________ _____ _________ _____
Party initial Dated Party initial Dated Party initial Dated

RECIPIENT and CO-PARENT updated with his current address and other contact
information.
*While the parties entering into this agreement are receptive to the idea that an child conceived
with DONOR’s sperm will have contact with DONOR, all terms of that contact will be at the
sole discretion of DONOR and RECIPIENT. ***[I LIKE THIS ONE BECAUSE
IT IS GENERAL.]
* the DONOR and child(ren) will have contact with each other. If the RECIPIENT and
DONOR reside within 100 miles of one another, they agree to visits on at least two
occasions per year, to be scheduled upon the mutual agreement of the Parties. If the
RECIPIENT and DONOR reside more than 100 miles apart, they agree to a visit at least
one time per year, altering the responsibility of travel every-other year, to be scheduled
upon the mutual agreement of the parties. The expenses of such travel within the
continental United States will be the sole responsibility of RECIPIENT (?**) More
frequent visits than these, if any, will be only at the mutual agreement of the Parties, and
will not imply any change to this agreement. It is expressly agreed that such contact and
disclosure of identity shall not be deemed a waiver of any provisions of this
AGREEMENT, and will be consistent with the intent of both parties to sever any and all
parental rights and responsibilities of DONOR.
14a. The Parties intend to continue this visitation in the event of the
dissolution of the domestic partnership of RECIPIENT and CO- PARENT.
14b. Both Parties intend that this visitation between DONOR and any
child(ren) be continued in the event of death or disability of
RECIPIENT.
15. Each Party acknowledges and agrees that the relinquishment of all rights, as stated above,
is final and irrevocable. DONOR further understands that this waiver shall prohibit any
action on his part for custody, guardianship, or visitation in future situations, including
the event of RECIPIENT's disability or death.
16. RECIPIENT agrees that DONOR may disclose to his parents and family the existence of
nature of his biological relationship to any child(ren) born to RECIPIENT under this
AGREEMENT, with the full understanding that this parents and family will not be the
legal relatives of the child(ren), as well understanding that the DONOR is not the father of
DONOR AGREEMENT (_________, _______________, and ________*PARTIES LAST
NAMES)
_________ _____ _________ _____ _________ _____
Party initial Dated Party initial Dated Party initial Dated

the child(ren). DONOR expressly agrees that he will not assist or support his parents or
family in any proceeding, whether legal or otherwise, to obtain rights of custody or
visitation with regard to such child(ren). DONOR expressly agrees that he will make clear
to his parents and family that they cannot demand or compel any guardianship, custody,
or visitation rights with any child(ren) resulting from the artificial insemination procedure.
Any contact between such child(ren) and the DONOR’s parents or family will be the sole
discretion of the RECIPIENT.
17. Each Party agrees to attempt to resolve any disagreements or disputes that might arise
under this AGREEMENT amicably, in the spirit of the intent expressed in this
AGREEMENT, and in a way that best serves the interest of the child(ren). If the Parties
cannot resolve such disagreements or disputes among themselves, each party agrees to
seek counseling and/or mediation and participate in a good faith effort to resolve their
differences.
*? All parties agree to participate in a minimum of ________ (*at least four)
mediation sessions, with an agreed upon mediator. * With the cost to be shared equally
by the participants. The parties will select the mediator together, and if they can’t agree,
they will ask a neutral third party, such as a family mediation service, or ________(if you
have a friend or specific individual in mind ) to choose a mediator.
IF YOU WANT A MORE DETAILED ALTERNATIVE DISPUTE PLAN:
*or If the Parties are unable to resolve a dispute pertaining to this AGREEMENT, each party
covenants and agrees that the dispute shall be submitted to mediation/binding arbitration
according to the following procedures:
a. The request for dispute resolution may be made by either party and shall be in writing
and delivered to the other party;
b. Pending the outcome of mediation/arbitration, there shall be no change made in the
language of this AGREEMENT;
c. The mediator who shall work to facilitate resolution of any disputes regarding this
agreement shall be chosen as follows: DONOR and RECIPIENT shall each
DONOR AGREEMENT (_________, _______________, and ________*PARTIES LAST
NAMES)
_________ _____ _________ _____ _________ _____
Party initial Dated Party initial Dated Party initial Dated

select one person, and the two people thereby selected shall together choose
the mediator;
d. The parties agree to participate in a minimum of four mediation sessions in an
attempt to resolve any dispute. Should mediation prove unsuccessful at resolving
the problem, then the dispute shall be submitted to binding arbitration;
e. 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 one person chosen by the other two panel members;
f. Within fourteen days following the written request for dispute resolution, the mediator
shall be chosen. Mediation sessions shall commence on the first available date following
selection of the mediator, considering the schedules of all involved parties;
g. Within fourteen days following the break-down of mediation, the arbitration panel
will be selected;
h. Within fourteen days following the selection of all members of the arbitration
panel, the panel will hear the dispute between the parties;
i. Within seven days subsequent to the hearing, the arbitration panel will make a
decision and communicate it in writing to each Party.
*The Parties agree that costs and reasonable attorney’s fees shall be awarded to the prevailing
Party in the action.
18. Each Party acknowledges and understands that there are legal questions raised by the
issues involved in this AGREEMENT which have not been settled by statute or by 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.
19. 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
DONOR AGREEMENT (_________, _______________, and ________*PARTIES LAST
NAMES)
_________ _____ _________ _____ _________ _____
Party initial Dated Party initial Dated Party initial Dated

Modify the above agreement as needed, but do not take this sample agreement as legal advice from us, we do not guarentee that the above agreement would be legally upheld in a court of law and you should always seek legal advice from a professional.