In summary, paternity laws for sperm donors vary considerably from country to country and are not reviewed by the courts in many states. Given that many of the current state statutes precede the recent rapid evolution of supportive reproductive technologies, existing laws and the interpretation of these laws by the courts may not accurately reflect the intent of the parties involved. Therefore, parties considering sperm donation or sperm use for artificial insemination are cautioned to carefully consider the legal implications and consult with a lawyer familiar with parentage laws to ensure that the parties involved are considered the legal parents of the child. Use this agreement on known donor insemination to outline the agreement between a biological mother and a sperm donor. This agreement allows the parties to define all aspects of the relationship, including how contact with the child will be managed in the future. Third-party reproductive use has been practiced for more than a century.1 With the evolution of assisted reproduction technologies in recent years, the assisted reproduction market has grown, as many individuals and couples turn to third-party donors for gametes.2 Depending on the procedure used to obtain the donated games, the recipient may or may not know the identity of the donor. , recipients have the option of using agencies or clinics, friends or relatives or even complete strangers who are found through advertisements in publications or online.4 While it is minimalized, the purchase of donor games by traditional clinics and sperm banks requires a protocol; on the other hand, “buy sperm on the Internet … It`s not much different to buy shoes. 5 The parties must enter into a contract for egg or sperm donation prior to insemination, in vitro fertilization or embryo transfer. In addition to the indication that a donor waives all rights and obligations to the child, a contract may also relate to the compensation awarded to the donor, if the donor has the right to contact the child, which is done with donations of unused sperm or eggs or embryos, and confidentiality requirements applicable to the parties. Despite the similarities, there are also big differences. Because of the bureaucratization of the surrogacy process, the courts are almost completely removed from any role, unlike sperm donors, where they can still determine paternity and responsibility. In Illinois, surrogates and intentional parents sign rights at the time of the agreement, and the birth certificate is named after intentional parents and not surrogacy.
This effectively cuts off the surrogate`s parental rights in all but the most unusual cases.