Tuesday, July 8, 2014

This is NOT legal advice!

We've been getting quite a few questions about our donor agreement and people asking if we can share it with them so I thought I would share it here.

Just to be clear this is not legal advice, and you should definitely run any sort of contract/legal agreement by a lawyer just to be sure. It's also important to know your state's laws surrounding artificial insemination because each state varies and what is legal in Colorado may not be the same elsewhere. For example, in Colorado it is only considered a legal insemination when administered by a physician. We hope that this can be helpful to people who are going through the same process as us.

Donor Agreement

This agreement is made this _______________day of _____________________ 20___, by and between _____________, hereafter referred to as "Recipient" and ____________, hereafter referred to as “Second Parent,” and ____________, hereafter referred to as "Donor."

NOW, THEREFORE, in consideration of the promises of each other, Donor, Recipient, and Second Parent agree as follows:

Each clause of this agreement is separate 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.

1.      Donor agrees and understands that the purpose of the insemination is to produce a child or children.

2.      Donor agrees to be tested for sexually transmitted diseases, specifically HIV, Chlamydia, Gonorrhea, Syphilis, and Hepatitis A, B, and C. A copy of the Donor's examination and testing results shall be provided to Recipient prior to insemination.

3.      Donor understands that he is providing his semen for artificial insemination and agrees in advance to consent to the adoption of any child conceived through this process by the Second Parent. Donor waives paternity rights, if any, to a child conceived through artificial insemination of sperm donated pursuant to this agreement. Donor agrees not to attempt to form a parent-child relationship with Recipient's child. Each party acknowledges and agrees that the relinquishment of all rights, as stated above, is final and irrevocable.

4.      Recipient and Donor agree that Recipient has relinquished any and all rights that she might otherwise have to hold Donor legally and financially responsible for any child or children who result from the artificial insemination procedure. Each party agrees the Donor shall not be named as the father on the birth certificate of any child or children born from the artificial insemination.

5.      Each party acknowledges and agrees that she or he signed this agreement voluntarily and freely, of his or her own choice, without any duress of any kind whatsoever. It is also acknowledged that each party understands the meaning and significance of each provision of this agreement.

6.      There are no promises, understandings or agreements between the parties other than those expressly stated in this agreement.

7.      This agreement shall be construed under and in accordance with the laws of the State of Colorado, including Colorado Revised Statutes 19-4-106.

____________________________                                               ______________
Signature of Recipient, __________                                                      Date

_______________________________________                         ______________                        
Signature of Recipient’s Wife/Domestic Partner                                       Date
and Second Parent, ______________

____________________________                                               ______________
Signature of Donor, ___________                                                         Date
        
           

Signatures of each of the above are certified by the assisting physician, Dr. ________ at ________________ clinic.

__________________________________________            _______________
Signature of Assisting Physician, ______________                          Date



_______Physician shall send this completed form to:
Colorado Department of Health and Environment
Vital Records Section
4300 Cherry Creek Drive South
HSVRD-VR-A1
Denver, CO 80246-1530
(303) 692-2200                                              


_______Physician shall send copies of completed form to Donor and Recipient.






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