If you are entering into a sperm donation arrangement, it is imperative that you consult with an attorney who can advise you regarding the legal requirements and parentage implications of using donor sperm. This is especially so when using the sperm of a former partner or friend – a “directed donor” – or when a same-sex female couple is using donor sperm to start or grow their family. In a traditional sperm donation arrangement, the parties enter into a Sperm Donation Agreement. The Agreement sets forth the rights, privileges, duties, and responsibilities of each party, and establishes parentage in the Recipient Parents and the denial of parentage in the sperm donor. Because Sperm Donor Agreements are protected by Texas statute, no post-birth legal proceedings are necessary to establish parentage, unless you are working with a Gestational Carrier. However, strict adherence to the law is required. Home inseminations using sperm from a known donor are not protected by Texas law. Home inseminations using sperm from a sperm bank may be protected by Texas law; however there are other legal implications to consider and a consultation with an experienced lawyer is advised.
Our office represents Recipient Parents in Sperm Donation Agreements and handles the legal process in its entirety.