TEL: When I talk to potential clients considering using a known sperm donor especially lesbian couples , I often get two questions:. Clients who have done some research know that the donor agreement itself is not sufficient in New York and many other states to extinguish parental rights and responsibilities of a known donor. But if you're not married, you can't take advantage of those protections. You and your partner will need to do a second-parent adoption to terminate the donor's rights and secure parental rights for the non-biological parent. And even if you are a married same-sex couple, I still recommend that you do a second-parent adoption.
More and more women are using sperm donors to get pregnant, often because they are in a same sex relationship or are single but feel ready to have a child. These two questions are interlinked, as under the law you can only use an unknown sperm donor through a licensed organisation. It is unlawful for an unlicensed organisation to provide you with a sperm sample. Often, a licensed clinic will not allow you to take the sperm sample home to use, so you may find that the only way to use an unknown donor is at a clinic. It is important to note that if a child is conceived via intercourse the biological father will always be considered the legal parent, regardless of whether or not they are named on the birth certificate. Most women who use a licensed fertility clinic use unknown donor sperm. There are strict rules for the selection of donors which consider their health, personal and family medical history and age.
Becoming a sperm donor is one of the most generous things you could do — it can offer some women and couples their only chance to have a family. The child born through your donation can get your identifiable details when they reach the age of Alternatively, you can donate sperm to someone you know or to someone you have met on an introduction website. You and the woman may either go to a fertility clinic for licensed treatment or undergo a private arrangement ie, provide your sperm sample directly to her. Clinics in the UK are regulated by the Human Fertilisation and Embryology Authority HFEA , which ensures that the treatment is safe and that everyone involved is clear about their legal position.
Known sperm donors may or may not have parental rights and obligations , depending on the legal steps taken up to the signing of the sperm donor contract. When a known sperm donor is used for conception, it is important that each party consults their own attorney to draft an agreement that defines the rights of everyone involved in relation to the future child. The legal standing of the known donor may often depend on how the child was conceived. It is strongly advised that insemination take place in a medical facility rather than at home.