Artificial Insemination Agreement 101
When it comes to artificial insemination and parental rights, there is an important difference between a known and an unknown sperm doner. A man waives his paternity rights and obligations when he donates sperm to a medical facility that uses it to impregnate an unrelated woman. Meaning, the man could not later claim parenting time, and the woman could not force the man to pay child support. However, some men and women enter into private agreements for the woman to use a sperm donation to have a child.
The Illinois Parentage Act (750 ILCS 46/703) addresses parental rights when a child is conceived through the donation of genetic material from someone other than the child's intended parent. In cases involving anonymous donations, a donor will typically relinquish all parental rights to a child conceived through his or her donation. However, in cases where the donor and the intended parents have a relationship with each other or know each other's identity, a sperm or egg donation agreement may be needed to address the parties' rights and obligations.
Some prospective parents prefer to know the man who will be the biological father instead of using a sample from an anonymous donor. When entering a private sperm donor agreement, it is sensible for both parties to create a contract that outlines a couple important topics such as if:
-The father will have any rights as a parent
-The mother can request for any financial support from the father
- The father can have a relationship with the child
Additionally, there is a wide range of other decisions that must be made and our skilled legal team at Gateville Law Firm is here to help you enter an agreement that answers any questions or future problems that may arise.
A licensed medical facility must perform the insemination procedure to ensure that the father waives his parental rights. This issue becomes more complex if the man and woman had a sexual relationship before the insemination. Even after the woman goes through the insemination process, either party could make an argument that the child was conceived through intercourse, which would prevent the father from waiving his rights.
Contact a Skilled Attorney
If not handled properly, artificial insemination can cause a wide array of complex legal issues. The attorneys at Gateville Law Firm want to help you with your legal matters in a professional and confidential way. We understand that matters like artificial insemination are private and deeply personal and we want to respect that privacy to the best of our ability. We may be reached at 630-780-1034 or via email at info@GatevilleLawFirm.com