I,
_______________________________________________________________________________________________
/s (recipient), accept and agree to the terms within this contract. have entered into this contract freely and willingly.
Donor name = _________________________________________________________________________________________________________________________________
1) This is the full agreement between the donor and
recipient. There are no promises, understandings, agreements or representations
between the parties other than those expressly stated in this agreement.
2) The donor and recipient have no personal or business relationship. The sole
purpose of the interaction between donor and recipient is for the donor to
provide assistance to the recipient, to enable the recipient to fulfil a desire
to carry and raise a child.
3) The donor has produced and/or will produce semen samples, and intends to
transfer ownership and control of these samples to the recipient. After the
recipient takes possession, the donor has no say whatsoever regarding how the
samples are used. If the samples are used
in a manner that results in pregnancy, the donor has no parental rights or
responsibilities in relation to resulting children. At the time of conception,
the recipient would have sole possession andcontrol of both egg and sperm, and
the conception would have resulted from the sole decisions and actions of the
recipient. The donor is aware of this intended use, and has no objection, but
will have no rights at the time of conception regarding the semen.
4) The donor agrees to provide his semen agreed way to the recipient, The recipient intends to use said semen to conceive a
child. This process may be repeated for multiple attempts. The intention of all
parties is for this to be legally equivalent to a standard anonymous
donation, notwithstanding the fact that the
recipient and donor are aware of each other's identities.
5) All parties acknowledge and agree that, through the procedure of insemination,
it is the recipient's intent to become pregnant, and thereafter have sole
responsibility (or joint responsibility together with recipient's partner) for
the raising of the child. The intention of the parties is that, if conception
occurs from such insemination, the donor shall not be a legal parent of the
resulting child, and shall not have a role in the raising of the child.
6) All parties acknowledge and agree that the donor provides his semen for the
purpose of said insemination, and does so with the clear understanding that
he will not demand, request, or compel any guardianship, custody, or visitation
rights with any child born from the insemination procedure. Further, donor
acknowledges that he fully understands that he will have no paternal rights whatsoever
with said child, and will have no authority of any kind with respect to the
child, or any decisions regarding the child.
7) All parties acknowledge and agree that the recipient has relinquished any
and all rights that she might otherwise have to hold donor legally, financially,
or emotionally responsible for any child that results from the
insemination procedure. The recipient further agree that she will not demand,
request, or compel the donor to provide any financial support.
8) All parties relinquish and release any and all rights he or she may have to
bring a suit to establish paternity.
9) The donor agrees to never start or support any action to claim paternity in
relation to any child born to the recipient, or conceived from semen
transferred to the recipient. Similarly, the recipient agrees to never start or
support any action to recognize donor's paternity or obtain child support in
relation to any such child, and the recipient agrees to not list the donor as
the father on any birth certificate, legal record or document, or otherwise
make any declaration indicating paternity.
10) For any child conceived from the genetic contribution of the recipient and
the donor, parental rights and responsibilities fall solely to recipient. This
does not preclude the sharing of parental rights and responsibilities with
partners or family members of the recipient in accordance with standard law --
but under no circumstances shall such rights or responsibilities be extended to
the donor or his relatives.
11) The recipient acknowledges that she is the solely responsible parent of the
child from said known donor insemination. This parental responsibility may be
legally shared by anyone of the recipient's choice (excepting the donor). If
the child is legally adopted by a partner of the recipient's choice, the donor
need not be consulted, nor is his approval required for such an adoption.
12) The donor agrees to assist the recipient and/or recipient's partner in any
court proceeding to facilitate the adoption of the child or children. This may
include, but is not limited to, signing a court petition to allow an adoption
to proceed and/or signing a sworn affidavit regarding the process by which the
child was conceived. Recipient agrees that all costs associated with such a
court proceeding will be paid by her and/or her partner.
13) All parties acknowledge and agree that the recipient shall have absolute
authority and power to appoint a guardian for her child, and that the mother
and guardian may act with sole discretion as to all legal, financial, medical
and emotional needs of said child without any involvement with or demands of
authority from the donor. However, this shall not be construed to permit the
recipient to appoint the donor as a guardian, or to permit an appointed guardian
to undertake any action regarding paternity that the recipient could not take
herself.
14) The responsibilities of the recipient under this contract, including but
not limited to the prohibition against starting or supporting any action to
recognize the paternity of the donor, shall be binding upon any guardian or
representative of the child.
15) If pregnancy results from usage of semen produced by the donor, he will not
have, or attempt to establish, a parental relationship with the resulting
child. Further, he will not attempt to contact, or communicate with, the child
without the express permission of the recipient.
16) In the event that future contact does occur between donor and child, the
extent and content of such interaction may be limited by the recipient in any
manner, and the donor agrees to abide by any such restrictions. Any such
interaction will not indicate consent by either donor or recipient to the donor
having any legal or social rights or responsibilities regarding the child.
17) The donor will ensure that he can be located by the recipient to answer
questions related to his family medical history, and to answer questions
related to the curiosity of the child about his/her genetic background. This
does not constitute a recognition of paternity or any responsibility, but is a
statement of intent arising from a willingness to provide access to knowledge
about the child's genetic heritage and genetic relatives. This offer is not due
to a parent/child relationship, and is similar to what would be offered to a
sibling, niece, nephew or other similar genetic relative.
18) The donor agrees to be available for social contact with the child, at the
discretion of the recipient. The donor expressly welcomes and encourages such
contact, if it is compatible with the recipient's choices regarding the raising
of the child (e.g. the recipient chooses to disclose the donor's identity to
the child, and supports contact). However, this clause shall not be interpreted
to require that the donor travel in the event that the donor and child are not
geographically proximate, or to ensure a frequency of interaction that could
interfere with the ordinary conduct of the donor's life, or to imply a scope of
interaction that could be interpreted as co-parenting.
19) The recipient agrees to notify the donor upon the birth of a child conceived
from donor's sperm. The donor has no other expectations regarding future
contact, and is comfortable with having no further interaction. The donor
requests that the recipient provide an occasional photograph or other news of
the child, if the recipient is comfortable with providing such material, but
the recipient is under no obligation whatsoever to do so.
20) The donor gives the recipient explicit permission to provide the child with
any information regarding the donor, including the donor's identity and contact
information.
21) All parties acknowledge and agree that the relinquishment of all rights, as
stated herein, is final and irrevocable. The donor understands that his waivers
shall prohibit any action on his part for custody, guardianship, or visitation
in any future situation, including the event of recipient's disability or
death. The recipient understands that her waivers shall prohibit any action, or
support for action, on her part for financial support or inheritance rights for
the child in any future situation, including the event of the donor's death.
22) In the event of the death of any party, the responsibilities of the donor
and recipient, as defined in this contract, shall remain binding upon his or
her heirs and estate.
23) The donor asserts, and the recipient understands, that he would not consent
to the provision of semen without a full assurance and belief that he will not
be subject to future responsibility, including any financial support.
24) In the event that the donor is ever found by a court to have a financial
responsibility for the child, the recipient agrees to compensate the donor in
the amount that the donor is legally compelled to provide for the child.
25) The recipient agrees to indemnify and hold harmless the donor from personal
financial loss or expense, including reasonable legal fees and costs, if any,
arising out of any claim, demand, suit, judgement, dispute, contest or
challenge by reason of any act or omission arising from the donor's role as a
sperm donor for the recipient.
26) In the event of any legal claim, demand, suit, judgement, dispute, contest
or challenge regarding the donor's legal responsibilities for a child conceived by the recipient, or
seeking to establish legal paternity by the donor for such a child, or relating
to the validity, applicability or enforceability of this contract or any
portion thereof, the recipient agrees to compensate the donor for reasonable legal
fees, costs and expenses related to the defence of this contract or the defence
of the position that the donor should not have legal paternity or legal or
financial responsibilities for the child. This is applicable regardless of
where the dispute or contest originates, and includes challenges by the state,
child, recipient, recipient's partner or relatives, or other third parties.
27) All references to "child" herein shall be understood to apply to any
children resulting from AI and the genetic contributions of the donor and
recipient, and may be plural.
28) Each party acknowledges and agrees that she or he signed this agreement and
contract voluntarily and freely, of his or her own choice, without any duress
of any kind whatsoever. It is further acknowledged that each party understands
the meaning and significance of each provision of this contract. Each party is
aware of their right to obtain independent legal counsel, and acknowledges
having an opportunity to exercise this right prior to signing this contract.
29) Each party acknowledges and agrees that any changes made in the terms and
conditions of this agreement shall be made in writing, and signed by both
parties.
30) In the event of legal action or arbitration, the parties to this agreement
request that the deciding agency uphold and enforce the basic intent of this
contract: the recipient (and optionally the recipient's partner) shall be the
sole parent(s) of children conceived by the recipient via AI with the donor's
sperm, and the donor shall have no formal, legal or otherwise enforceable
rights, responsibilities or recognition as a parent. No contrary finding or interpretation
may be made within the context of this contract.
31) If any section or clause in this contract is found to be invalid or
unenforceable, the remainder of the contract shall remain in effect. Each
clause of this contract is separate and divisible from the others, and should a
court refuse to enforce one or more clausesof this contract, the others are
still valid and in full force.
32) The donor may be contacted at the e-mail address "_cypriotbill@gmail.com_".
If this address becomes permanently invalid, the donor will make a reasonable
effort to provide the recipient with a new valid address.
33) By reading and accepting this agreement, you are agreeing to all
the points unless otherwise stated and agreed by all parties in writing.
By accepting the agreement you understand that all points are open
to discussion and amendment later on, for instance; if you decide to
have contact with your child’s biological father or need to contact me
about family history or illness even if we have previously agreed to no
contact. This agreement does not prevent the recipient asking for any
information required at any time.
34) Personal Note for the Child (if needed ):
You will always be blessed because someone prayed for you. You will never
be lonely because someone wanted you. You are a miracle and a gift and I
am honoured to have been a part of your creation. I wish you every happiness
and joy. “Never give up on something you can’t go a day without thinking about.
People may hate you, rate you, break you, but how strong you stand, that’s what
makes you… you!”
Signed
Recepient and Donor