DONOR AGREEMENT (KNOWN)
This AGREEMENT is made this day xx, month xxxx, year xxxx,
by and between:
XXXXXXX, hereafter referred to as the DONOR,
XXXXXXX hereafter referred to as the RECIPIENT,
XXXXXXX hereafter referred to as the PARTNER of the RECIPIENT,
who may also be referred to herein as the PARTIES or PARTY. The
CHILD conceived as a result of the artificial insemination procedure
is referred to herein as the CHILD.
NOW, THEREFORE, in consideration of the promises of each other,
DONOR, RECIPIENT and the PARTNER of the RECIPIENT agree to the
following 24 clauses of this AGREEMENT as follows:
(1) Each clause of the 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. Each PARTY
acknowledges and agrees that this AGREEMENT merely records their
agreed intentions and wishes but it is not a legally-binding contract.
(2) The DONOR has agreed to provide his sperm free of charge to the
RECIPIENT for the sole purpose of artificial insemination. The DONOR
considers it to be a privilege to help in the creation of a new life via the
process of artificial insemination. In return for the gift of his donation the
DONOR simply asks that all of the clauses of this agreement are complied
with by the RECIPIENT and the PARTNER of the RECIPIENT.
(3) Each PARTY acknowledges and agrees that, through the procedure of
artificial insemination, the RECIPIENT is attempting to become pregnant.
(4) The DONOR will respect the confidentiality of the RECIPIENT, the
PARTNER of the RECIPIENT and their CHILD. The DONOR will not
intrude into the lives of the RECIPIENT, the PARTNER of the RECIPIENT
and their CHILD. The DONOR will not directly contact the CHILD, unless
invited to do so by the RECIPIENT and/or the PARTNER of the
RECIPIENT. The DONOR will not undermine the parental responsibilities
and rights of the RECIPIENT and the PARTNER of the RECIPIENT.
(5) By signing this AGREEMENT the RECIPIENT and the PARTNER of
the RECIPIENT have agreed to e-mail the DONOR at least once a year
with photographs and a summary of all significant events in the life of the
CHILD including Birthdays, Illnesses, Marriage, Children and any other
significant events for at least 18 years from the birth date of the CHILD.
Any photographs received by the donor are for his viewing only. To protect
the privacy of the CHILD and the CHILD’s legal family the DONOR agrees
not to publish photos of the CHILD on the internet or otherwise, or display
them in any public places.
(6) The DONOR, the RECIPIENT and the PARTNER of the RECIPIENT
agree to remain in contact by e-mail for at least 18 years from the birth
date of the CHILD. One of the benefits of this for the RECIPIENT and the
PARTNER of the RECIPIENT is that it will give them the option to have
siblings and half-siblings for their CHILD. This option is only available if
contact with the DONOR is maintained by the RECIPIENT and the
PARTNER of the RECIPIENT. The DONOR will reply to all mails from the
RECIPIENT and the PARTNER of the RECIPIENT. The RECIPIENT and
the PARTNER of the RECIPIENT will reply to all mails from the DONOR.
(7) The DONOR successfully completed counselling, in accordance with
the HFEA Guidelines, as part of the selection process as a DONOR at a
Fertility Clinic. The DONOR is therefore mentally prepared to be a
successful donor without getting involved in the life of the CHILD. This
counselling emphasised that the DONOR has an emotional obligation to
the CHILD. The DONOR would not want the CHILD to believe that the
DONOR did not have an interest in the welfare and happiness of the
CHILD. Each PARTY therefore acknowledges and agrees that the
DONOR has a legitimate interest in how the CHILD is progressing in life
but only via occasional contact with the RECIPIENT and the PARTNER of
the RECIPIENT and at the discretion of the RECIPIENT and the
PARTNER of the RECIPIENT some possible contact with the CHILD.
(8) The DONOR does not request or expect from the RECIPIENT and the
PARTNER of the RECIPIENT any reimbursement of any expenses
incurred by the DONOR for the purpose of artificial insemination, with the
exception of travel costs. The DONOR will therefore charge 60p per mile
travelling expenses for any long journeys or reimbursement of any public
transport costs. The DONOR agrees to give his time, for free.
(9) The RECIPIENT and the PARTNER of the RECIPIENT do not request
or expect from the DONOR any reimbursement of any expenses incurred
by the RECIPIENT and the PARTNER of the RECIPIENT for the purpose
of artificial insemination, such as travel costs.
(10) Each PARTY acknowledges and agrees that the DONOR provided his
sperm for the purposes of said artificial insemination, and did so with the
clear understanding that he would not demand, request, or compel any
guardianship, custody or visitation rights with any CHILD born from the
artificial insemination procedure. Further, DONOR acknowledges that he
fully understands that he would have no paternal rights whatsoever with
said CHILD. The DONOR agrees to have no claim whatsoever on any
CHILD born as a result of the usage of his sperm. Such claims include but
are not limited to rights of custody, visiting rights and / or rights to financial
compensation.
(11) Each PARTY acknowledges and agrees that the DONOR will not be
named as the father on the birth certificate of any CHILD born from the
artificial insemination procedure. The RECIPIENT will be the named
mother and THE PARTNER OF THE RECIPIENT will be the named
second parent on the birth certificate. The RECIPIENT and THE
PARTNER OF THE RECIPIENT will therefore be rocognised as the two
legal parents of the CHILD and agree to this. Each PARTY acknowledges
and agrees that the full date of birth of the CHILD will be provided to the
DONOR. This is solely to enable the DONOR to advise the RECIPIENT if
there is a risk of two half-siblings becoming romantically entwined.
(12) Each PARTY acknowledges and agrees that the RECIPIENT has
relinquished any and all rights that she might otherwise have to hold the
DONOR legally, financially, or emotionally responsible for any CHILD that
results from the artificial insemination procedure. The RECIPIENT agrees
to have no claim whatsoever on the DONOR as a result of the usage of
sperm from the DONOR in the conception of a CHILD. Such claims
include but are not limited to rights to any financial compensation or
maintenance and rights of demand in any way over the DONOR’s
participation in the upbringing of the CHILD.
(13) Each PARTY acknowledges and agrees that the PARTNER of the
RECIPIENT has relinquished any and all rights that they might otherwise
have to hold the DONOR legally, financially, or emotionally responsible for
any CHILD that results from the artificial insemination procedure.
(14) Each PARTY acknowledges and agrees that any CHILD that results
from the artificial insemination procedure will have no legal or financial
claim on the DONOR in perpetuity.
(15) Each PARTY acknowledges and agrees that the sole authority to
name any CHILD resulting from the artificial insemination procedure shall
rest with the RECIPIENT and the PARTNER of the RECIPIENT. Each
PARTY acknowledges and agrees that the full name of the CHILD will be
provided to the DONOR. This is solely to enable the DONOR to advise the
RECIPIENT if there is a risk of two half-siblings becoming romantically
entwined.
(16) Each PARTY relinquishes and releases any and all rights he or she
may have to bring a suit or to enact any legal process to establish
paternity.
(17) Each PARTY covenants and agrees that, in light of the expectations
of each PARTY, as stated above, the RECIPIENT shall have absolute
authority and power to appoint a guardian for her CHILD, and that the
mother and guardian may act with sole discretion as to all legal, financial,
medical and emotional needs of said CHILD without any involvement with
or demands of authority from the DONOR.
(18) Each PARTY reserves the right not to disclose their identity to any
others. The RECIPIENT and the PARTNER of the RECIPIENT, either
together or exclusively, agree not to disclose the identity of the DONOR to
any others by whatever means. The DONOR agrees not to disclose the
identity of the RECIPIENT and the PARTNER of the RECIPIENT to any
others by whatever means.
(19) Each PARTY acknowledges and agrees that the PARTNER of the
RECIPIENT has committed herself to be a guardian and a nurturing parent
for the CHILD.
(20) Each PARTY acknowledges and agrees that the relinquishment of all
rights, as stated above, is final and irrevocable.
(21) 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 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.
(22) Each PARTY acknowledges and agrees that he or she signed this
AGREEMENT voluntarily and freely, of his or her own choice, without any
duress of any kind whatsoever. It is further acknowledged each PARTY
understands the meaning and significance of each provision of this
AGREEMENT.
(23) Each PARTY acknowledges and agrees that any changes made in
the terms and conditions of the AGREEMENT shall be made in writing and
signed by both PARTIES.
(24) This AGREEMENT contains the entire understanding of the parties.
There are no promises, understandings, agreements or representations
between the PARTIES other than those expressly stated in this
AGREEMENT.
24) IN WITNESS, the PARTIES have executed this AGREEMENT, in the
Country of England, the city of Bristol on the date first written above.
DONOR:
Print Name: ......….......…......…......…...………..
Signature: ...............................................………
E-mail Address: .................................................
RECIPIENT:
Print Name: ......….......…......…......…...…..……
Signature: ..............................................….……
E-mail Address: .................................................
PARTNER of the RECIPIENT:
Print Name: ......….......…......…......…...…..……
Signature: ..............................................….……
E-mail Address: .................................................