Article 7, paragraph 1, of the Law on the Reform of the Rights of the Child, a person whose sperm leads to the conception of a child begotten by sexual intercourse, is legally recognized as a parent of the child. However, Article 7(1) shall not apply if, prior to the conception of the child, the person whose semen is used and the intended biological parent agree in writing that the person does not intend to be a parent of the child. A donor can also be anonymous – that is, the donor donated the sperm to a sperm bank (like ReproMed in Toronto, Xytex in Georgia and many others). Many sperm banks now have identification programs, so there is a subgroup of donors who accept that when the child is an adult, the donor`s name or some form of contact is made available to the child upon request. Prior to receiving J.R.R., the parties verbally agreed that J.M. would not be the legal parent of the child. They did not have a written agreement. After J.R.R.`s birth, J.M the child was called “his daughter” and visited the child from time to time. M.R.R. had her lawyer design a contract that reflected what she and J.M had agreed to before receiving the child. Before J.M.
signed the contract, M.R.R. let her know that she would be entitled to alimony. I .M signed the contract and asked the court to maintain it or declare that he is not the legal parent referred to in section 13 of the CLRA. The Law of the Child Reform Act stipulates in section 9 that such agreements are admissible as a kind of preconceived filiation agreement. The law stresses the importance of such agreements being concluded before conception and, in general, courts will refer to prejudiced written agreements, even without taking into account the best interests of the child. A donor can be known – that is, the donor is known to the relative, normally to a friend or family member. In the absence of a clear and well-developed sperm donation agreement, the rights to custody, access and maintenance of children may be called into question. This can lead to many problems that could bring anyone to court as part of a family law dispute. A simple written document provides clarity and evidence to all parties involved.
The details of a known sperm donation agreement can range from a simple declaration to future parenthood, to a detailed presentation of children`s access to and contact on school and special occasions. The spectrum you want to cover is in your hands and should be personal. A written agreement will lay a solid foundation for your parenting life. In order to ensure formal compliance with the Assisted Human Reproduction Act, contracts for sperm and egg donations in Canada should clearly state that a donor donates his or her genetic material and acts for purely altruistic reasons. In most cases, the donor agrees to remain anonymous and the names of the parties remain confidential. If the intended parents and/or donors wish some kind of future contact, the agreement should clearly specify the conditions for such contact in the best interests of the child or children. 16. Each Party acknowledges and understands that any future contact that the donor may have with another child resulting from the artificial insemination procedure does not alter the effect of this Agreement. Such contact is at the discretion of the recipient and the recipient`s partner or designated guardian and is consistent with the intention of both parties to separate all parental rights and obligations of the donor. There is a case where an agreement on sperm donation is mandatory under the Child Rights Reform Act, and this is where sperm donation is done through sexual intercourse. Sperm and egg donation isn`t illegal in Canada, but don`t go looking for turkey cups and tinkers yet….