Samira and Kate have lived together since leaving university.

They decided that they wanted to start a family and agreed that for their first baby, Samira would try to become pregnant with donated sperm. They considered obtaining sperm from an anonymous donor through a fertility clinic but felt that they would rather conceive using sperm donated from someone they knew who could then play an ongoing role in the child’s life. Their friend, Jim, who they had both known for many years agreed to be their sperm donor.

Donation and co-parenting agreement

We advised Samira and Kate on the terms of a donation and co-parenting agreement, which was to be signed before any fertility treatment took place. It was agreed that Jim would not become the child’s legal parent; the legal parents would be Kate and Samira. However, all three felt strongly that Jim should see the hoped-for child every few weeks and be kept informed of any important developments such as health issues and educational choices. Jim took independent legal advice from another firm of solicitors so that he could be sure that the agreement fitted in with his vision for the future and so that he was fully aware of its legal implications.

Although a donation agreement is not a legally binding document, it can help everyone involved in the process understand each other’s intentions and expectations. If there were to be a legal dispute in future, the agreement could also provide useful evidence of the adults’ wishes and feelings at the time they embarked upon the arrangement.

Happily, there was no further need for legal advice after the agreement had been signed. Samira conceived successfully following artificial insemination and Jim continues to play an active role in the baby’s life.

Further advice and information

If you are considering extending your family through sperm donation from a known donor and want to consider the various options for you and your child, why not contact one of our specialist solicitors for an informal discussion? Find out more about how your arrangement can be structured to reflect your wishes and intentions and set clear expectations for all the adults involved.

*Important note

All of our case studies here are based on real life clients and their experiences. However, due to the sensitive nature of the work we do, all names and some factual details have been amended to protect the privacy of our clients.