Sperm Donor Agreements

A donor agreement, involving you, your partner, and a donor, is a crucial document outlining various aspects of parenting arrangements. Here’s an insight into what it may cover:

• Conception Details: How the child is conceived
• Donor’s Health: Health considerations of the donor
• Child’s Residence: Where the child lives and with whom
• Parental Time: Allocation of time between parents and the donor
• Child’s Name: Determining the child’s surname
• Birth Certificate Listing: Who is listed on the child’s birth certificate
• Extended Family Time: Time spent with extended family, including the donor’s family
• Special Occasions: Celebrations and holidays, such as birthdays and Christmas
• Education Choices: School preferences, public or private
• Extracurricular Activities: Participation in additional activities
• Religious Upbringing: Decisions regarding the child’s religious upbringing
• Medical Decisions: Authority for medical and health-related decisions
• Financial Responsibilities: Expense division for the child
• Travel Permissions: Who can take the child on vacations
• Day-to-Day Care: Routine care arrangements

It is imperative that a donor agreement is a written, freely entered into, signed, and dated document. While not legally binding, it can serve as critical evidence in legal proceedings. In the case of Masson v Parsons [2019] HCA 21, the absence of a written agreement led to a dispute. The court emphasized the importance of parties’ intentions, stressing that having a properly drafted donor agreement clarifies expectations.

In Re Patrick (2002), the court recommended written agreements, especially for known donor arrangements. The intention and benefit to the child’s life were considered, leading to orders for ongoing contact with the donor.

Though not foolproof, a donor agreement can aid in preventing future disputes. The court will review the agreement in litigation, considering intentions, conception details, relationship status, and past involvement with the child. Going through this process prompts discussions, setting expectations and roles, potentially averting conflicts. While a donor agreement may not be legally binding, its value lies in proactive communication and the potential to avoid future disagreements.

Navigating Parenting Agreements

Parenting agreements, often termed parenting plans, serve as a tool to document agreements among parents or known donors. While not legally binding, they provide a structured way to outline responsibilities. Key points about parenting plans include:

1. Freely Entered Into: A parenting plan should be willingly agreed upon by each parent or donor, put in writing, signed, and dated.
2. Registration Option: You have the choice to register the parenting plan with the Court, ensuring its validity until modification or a Family Court order.
3. Despite their utility, it’s crucial to note that parenting plans, much like donor agreements, lack legal enforceability. If an agreement is breached, legal recourse is limited. Filing an Initiating Application in the Family Court or Federal Circuit Court is the sole option to seek parenting orders.

While the Court considers existing agreements, the mere inclusion of certain terms in a parenting agreement doesn’t compel the Court to enforce them. The focus is on the best interests of the child, evaluating if the parties fulfilled their obligations and if making an order aligns with the child’s welfare.

In essence, while parenting plans are a valuable tool for communication and collaboration, their legal weight is limited. Understanding their non-binding nature is crucial, prompting parties to consider alternative legal avenues for dispute resolution if needed.

Each case is unique, so if you are in a same sex de facto relationship seek legal advice from a top same sex lawyer to ensure you understand your rights and obligations fully.

Barker Evans are the best family lawyers in Sydney with leading LGBTQI+ family law experience and a specialist background in same sex parenting and property cases.