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Donor Agreement

post #1 of 3
Thread Starter 

Does anyone know of or have a donor agreement/contract form?  I am using a known donor next year and cannot seem to find one.  Thanks!

post #2 of 3

We had a lawyer draw one up for us, but then we ended up not using it--we made our own that was based on hers but with some changes. The agreement won't be any more or less binding if it is made buy a lawyer or if you get it off the Internet as long as it's notarized, but we wanted to make sure we weren't forgetting anything important. We used a lawyer that specialized in gay/lesbian parenting issues. Really the agreement can say whatever you want it to say. I remember just googling 'known donor agreement' and coming up with quite a few examples. It's good to look at those, if you find one that works for you you can use that, otherwise type up your own, using different ones as guidelines. 

Ours ended up being 4 pages long but it basically just said that 1) Mike (our donor) was doing this for us with the understanding that he would have no parental rights or responsibility's whatsoever and never would and 2) he had no obligations to our baby--for example we couldn't hit him up for child support. The rest of the agreement was basically just elaborating on those two things. We could decide if and how much contact he could have with our baby, his family has no legal ties to our baby, my wife and I will be equal parents with parental rights to our baby, he has no plans to parent our baby, etc.

 

One of the kind of cool things about it for us (we live in Vermont) was that since he stated that he had no parental rights in the donor agreement, my wife's name went right on the birth certificate along with mine after our daughter was born.

 

Good luck, not sure what kind of relationship you have/ want to have with your donor, but using a known donor has worked out really well for us, and he's ended up being a really important part of our family.

 

Let me know if you have anymore questions!

post #3 of 3

We also wrote our own first, then combined that with the language I found in some of the online donor contracts.

We met with a lawyer who looked over what I cobbled together.  He told us that what we'd written was fine and not to waste our money on having him write one for us.

He was confident that it would stand up in court and be accepted by a judge when he does our declaration of parentage for us.

 

Here are the online contracts I used:

(you'll see, they're pretty similar)

 

http://www.therainbowbabies.com/pdf/Sample_Donor_Contract.pdf

 

http://www.knowndonor.com/contract.php

 

http://www.queerparents.org/contracts.html#sample3

 

http://www.queerparents.org/contracts.html#donor

 

 

The important things to make clear:

- the intentions of all involved

- the legal parent/ intention to relinquish parenting rights and responsibilities for the donor

- the other relationships (i.e. are you partnered? married? what will be the non-birth people's relationships to the child

 

Hope that helps.

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