The level of communication between a donor and intended parents and the donor conceived child depends on the type of donor arrangement and the expectations of everyone involved. Some parties may want no direct contact after the donation, but others see value in preserving a way for the donor, parents, and child to communicate in the future.
These choices should be addressed before the donation takes place. A donor agreement can establish expectations for communication while also making clear that communication does not create parental rights. Because donor laws differ among states, intended parents and donors should understand how their choices interact with the law that governs their arrangement.
What Are Donor Communication Rights?
Donor communication rights are the contractual terms that establish how a sperm, egg, or embryo donor may communicate with the intended parents or donor-conceived child in the future. The agreement will define what kind of contact is permitted and when it is appropriate, instead of leaving it to the parties to figure out this issue after the child is born.
Some arrangements permit occasional updates through an agency or another intermediary, while others allow direct communication between the donor and parents. The agreement may also discuss future contact between the donor and child once the child reaches a particular age.
Does Communication Give a Donor Parental Rights?
Allowing communication doesn’t make an egg, sperm, or embryo donor a legal parent, because communication and legal parentage are separate issues. However, every state deals with parental rights in its own way, so having the support of an experienced attorney is crucial.
What Types of Communication Can a Donor Agreement Address?
A donor agreement creates boundaries that reflect the relationship everyone wants. For example, the parties may agree that the intended parents will provide occasional photographs or general updates, or they may decide that communication will occur only through a registry or facilitated by the donor agency. A known donor arrangement may allow more direct contact while still establishing limits concerning frequency and appropriate subjects.
An Agreement Should Address Medical Information
A donor agreement should also take into account how important medical information will pass between the parties. Health information can change over time, making future communication valuable even in an arrangement that otherwise provides little contact. The parties will agree on establishing a method for exchanging medically relevant information without requiring a broader personal relationship. An agency or other intermediary may facilitate that communication if the parties prefer to limit direct contact.
The Agreement Should Address Contact With the Child
Intended parents and donors must discuss whether future contact with the child will be permitted and what that contact might look like. However, an agreement made before conception won’t be able to predict exactly how a child will feel about donor contact years later.
The contract can still create useful expectations. It may contemplate contact at a particular age and require communication to go through the intended parents while the child is a minor. This gives the opportunity for contact while keeping the child’s safety as the priority.
How Can an ART Lawyer Help With Egg and Sperm Donor Communication Terms?
Donor relationships can last far beyond the initial fertility treatment, even if the parties have little direct contact. A carefully drafted agreement can establish boundaries for communication, medical updates, privacy, and future contact before uncertainty creates a dispute. Contact TR Law Offices to discuss an egg or sperm donor agreement and the communication provisions that may fit your arrangement.
