Sperm Donor Agreements

What is sperm donation?

Sperm donation is a process in assisted reproductive technology (ART) where a sperm donor provides their sperm to be used in fertility treatments.  Donated sperm are typically used by recipients who are unable to conceive using their own sperm due to factors such as male infertility and genetic disorders. That said, single parents benefit from donated sperm too.

 

Is sperm donation legal in Canada?

Yes, sperm donation is legal in Canada.

 

What is a sperm donation agreement?

A sperm donation agreement is a legal document that outlines the terms and conditions agreed upon by a sperm donor and sperm recipients as to sperm being donated. That said, in addition to intended parents, a fertility clinic or 3rd party intermediary might notably be involved.

Sperm donation agreements are typically drafted with the assistance of legal professionals who specialize in reproductive law to ensure that the rights and interests of all parties involved are protected.

 

What is the purpose of a sperm donation agreement?

Sperm donation agreements address a number of issues, including but not limited to the following:

  • Consent: All parties involved must provide informed consent to the donation process. This includes consenting to the use of the donated sperm for reproductive purposes by the recipients, as well as any potential offspring resulting from the donation;

  • Legal parentage and post-birth contact: The agreements will specify the legal rights and responsibilities of the sperm donors and recipients regarding the donated sperm and any resulting offspring. This can include issues related to parental rights, custody, and financial obligations. Sperm donors’ post-birth contact with resulting offspring should also be addressed;

  • Use of sperm: The agreements might also outline how the donated sperm will be used, including any restrictions on their use (such as prohibiting their use for research purposes), and any preferences regarding the selection of sperm recipients.

 

Where does one find a sperm donor?

Sperm donors and recipients can find each other in a number of ways, including:

  • Sperm banks: Sperm banks are facilities that collect, store, and distribute sperm from screened donors to individuals seeking donor sperm;

  • Fertility support groups: Online forums, support groups, or organizations focused on infertility and assisted reproduction may provide resources and information on sperm donation, as well as opportunities to connect with potential donors or recipients;

  • Legal and medical professionals: Fertility lawyers, reproductive endocrinologists, and other health care professionals specializing in assisted reproduction may be able to provide guidance and referrals for finding a sperm donor.

It is important for individuals considering sperm donation to research and understand the legal and ethical considerations surrounding the process. Consulting with a reproductive lawyer can provide valuable guidance and support throughout the sperm donation journey and ensure a successful and legally sound arrangement.