What is natural insemination?
Natural insemination is a term that is often used to describe the process of introducing sperm into the female reproductive tract through sexual intercourse, as opposed to other methods such as artificial insemination that utilize a medical procedure. Natural insemination donors are typically friends or family members of those who are not able to conceive, and these cases usually involve male donors who offer sperm to impregnate the _recipient._ However, although natural insemination is often thought of in the context of these types of donations, it can also be used with consensual sexual encounters between individuals who are romantically involved but who do not have access to contraception. In this way, natural insemination can apply to the typical and probably more well known instances of a sexually active couple who may or may not be in an exclusive relationship . With this in mind, we will categorize natural insemination broadly, to include both situations referred to above – that involving a donor and a recipient, and that involving two individuals engaging in consensual intercourse.
Artificial insemination, when contrasted with natural insemination, is a process that often utilizes medical procedures such as a procedure known as intrauterine insemination (IUI). These procedures are performed in a medical office with the assistance of a trained practitioner, such as a gynecologist or urologist. Artificial insemination therefore is a much more complex procedure involving a multitude of steps and factors to consider, as opposed to the simpler type of arrangement involved in natural insemination. Natural insemination donors are also generally required to review and execute contracts in order to protect themselves and prevent child support or paternity issues from arising in the future.
The need for a natural insemination donor contract
The necessity of a donor contract in natural insemination cannot be overstated. For starters, sperm banks are contractually obligated to educate all of their sperm donors on the process of sperm donation before the actual donation of sperm occurs. The sperm bank educates their sperm donors on the process of sperm donation and – most importantly – explain to the sperm donor that he needs to agree to a sperm donation contract, that the son or daughter born from the donation will be the sole and exclusive child of the intended couple; that the sperm donor will have no parental rights and, thus, no responsibility, such as providing child support, for the child conceived from the artificial insemination. Most sperm donors are happy to sign a sperm donation contract; the donors are looking to donate sperm to an individual with fertility issues, not for the purpose of fathering children. The sperm donor also receives assurance that his genetic lineage will not be lost; that his sperm will be used for its intended purpose.
A consult with an experienced fertility attorney is a must for this type of natural insemination procedure.
Elements of a natural insemination donor contract
Your natural insemination donor contract should address the following terms, at a bare minimum:
1. Donor Responsibilities:
It is essential that your donor agrees to be on hand for all necessary appointments that may require his participation. He should also agree to follow the guidelines of your fertility clinic and maintain good faith in providing these services. The donor should agree not to interfere with your ongoing relationship with your partner.
2. Parental Rights:
Clarity on this is crucial. Neither donor nor recipient should seek parental rights from the other. Although the recipient is not entitled to any unallocated sperm doses, it would be a good idea to consider the potential expansion of a recipient family on a long-term basis and address this in the contract.
3. Financial Allowances:
Will your donor be compensated for his donation? How much will he be paid if he wants compensation? Ensure that the financial responsibilities of each party are clear and agreed upon.
4. Additional Terms:
Depending upon your situation, you may also want to include these additional terms in your agreement:
• Do not change the details of your original agreement without prior consent in writing from all involved parties.
• Make sure to include an escape clause that gives the donor the right to withdraw from your arrangement at any time.
• If your donor is married or in a civil union, have myths and confidentiality terms spelled out regarding the spouse’s role and responsibilities.
• Donor should agree in writing that he releases all parental rights to his sperm, relinquishing all claims for child support and custody.
• Include clauses pertaining to the use of disclosure materials such as photographs and any health information the donor may be required to submit.
For all of these points, keep in mind that while the donor contract terms must be agreed upon by all parties, they should be informed and not under duress. Do not put undue pressure on a potential donor to sign a contract.
Law considerations and risks
While natural insemination donor contracts are designed to protect all parties involved, it is important to understand that in the event that there is a dispute between the parties, these agreements may not stand up in court. In some states, for example, if the donor has engaged in sexual intercourse with the woman, no agreement will be recognized at all; other states allow no parental rights to be established for donors.
It is often difficult to establish paternity for a child conceived using artificial insemination. Paternity must usually be established through DNA testing, and, as well, because most fertility clinics have their donors sign agreements that no information about the identity of the donor will be shared with the recipient, the possibility of the father refusing to take the DNA test can be an issue.
In addition, because most states have adopted the Uniform Parentage Act, which says that in order to establish parenthood, the parent and child must have lived together. In many instances, this is not true for the parent and child conceived using natural insemination.
Establishing parental rights in these cases can be very complicated, and it is highly recommended that you work with a family law attorney who is experienced in the laws of insemination in your state.
Legal assistance
It’s absolutely critical to get legal advice before signing any natural insemination donor agreement. Aside from the serious medical risks of infectious disease, or being shocked to discover that you are not potentially pregnant, there are many potential legal pitfalls with these contracts. For the sperm donor and the sperm recipient, this has the potential to leave them both exposed to each other’s issues in ways they didn’t expect, and maybe even liabilities to third parties.
A sperm donor who is donating sperm for free may not be entitled to a tax deduction for any of the expenses he incurs. He may even have a tax liability on this as a "gift" to the sperm recipient. A sperm recipient who signs a sperm donor contract with an unmarried man is absolutely going to want to know about state laws regarding paternity rights and obligations. These laws greatly differ from state to state , which is why it’s so important to get an experienced family law attorney to look at these contracts. Likewise, he or she would want the attorney to take a look at co-parent agreements that are entered into with the sperm donor.
Where do you find lawyers who are experienced in these types of contracts? Check your area’s gay and lesbian center for names of lawyers and clinics that may provide volunteer services to help people create contracts. There are LGBT bar associations in many metro areas, or you can check out the LGBT Bar Association directory for attorneys in your area. Ask for Sara, she may have handled similar cases.
There is also an attorney, Charlotte, who has been handling these contracts voluntarily. She has also been writing a blog called Appropriately Kinky, where she gentiles, among other things, information about natural insemination donor contracts and laws.
Cases and examples
Natural insemination donor contracts have been used by many couples who wish to start a family, whether they are a married or unmarried heterosexual couple, a couple of the same sex or a single woman looking to conceive. While the cases listed below do not specifically reference natural insemination donor contracts, they provide real-life examples which demonstrate how complicated issues can arise whether the parties are prepared or have not signed any contracts.
K.M. and J.M., a same sex couple, approached an attorney to draft a sperm donor contract after M.M. had become pregnant and later miscarried. A few months passed and M.M. again became pregnant. The contract provided that M.M. would be treated as the legal parent of the expected child and the provisions regarding the rights of, and any proposed or potential support obligations for, K.M. were discussed and agreed upon. However, before the contract could be signed, M.M. gave birth to the child and a different sperm donor was used to impregnate her for the second time. As K.M. and M.M. were about to marry, they decided not to pursue signing the contract. They had a son and were embroiled in a custody battle after their marriage was dissolved.
J.C. and C.C., an unmarried couple, were together about one year and decided to have a baby. They discussed several options for donor services, such as artificial insemination and anonymous donors, but could not agree on which method to use. Ultimately, they decided to allow a gay couple who lived across the street from them to be the sperm donors. C.C. got pregnant but miscarried, and she got pregnant again in the same cycle. They decided that it was time to hire an attorney to establish a sperm donor contract. During this time, C.C. discovered a mass in her belly. After multiple tests, she was diagnosed with Hodgkin’s lymphoma. She took one day to contemplate her options, and opted to have a kidney and her uterus removed, which would make it impossible for her to have children. C.C. decided it was best to give up her parental rights, so she called J.C. and advised him that she did not want to be the parents of the baby. She then later changed her mind and wanted to attempt the pregnancy, but ultimately lost the baby. C.C. and J.C. did not end up signing the sperm donor contract.
R.G. and M.G., a same sex couple, began a same-sex relationship after having both been married and divorced. R.G. had two sons with M.G. before they married. The parties lived together for about five years before they decided to go to an agency to begin the process of adopting a child. The first child they adopted was a girl, followed a year later by a boy. After those adoptions were finalized, R.G. and M.G. decided to get married. They went to the same attorney who had finalized their adoption and had him draft a post-nuptial agreement which would determine the final decision-making powers and obligations, and financial responsibilities, for both parties. The parties had an argument because R.G. thought the agreement was too financial-based and did not properly reflect the roles of their children. M.G. said he would rework the agreement, but it was clear to both parties they had a great deal of difference in how the finances should work. Their relationship and their parenting became strained. The couple separated for a brief period, but upon reconciliation, their parenting relationship improved.
Conclusion and other important information
In sum, it is important to recognize that the standard industry practices regarding sperm donation do not control the rights of the parties involved or their children, whether it is an anonymous sperm donor, a known sperm donor, an insemination by a physician, or a natural insemination by non-physician. In fact, all of the rights of the parties involved and of any children that are born from using the sperm and other reproductive tissue are determined by the written agreement signed between the parties. Therefore, if you want to protect your rights and minimize the potential for future disputes and litigation, it is critical that you treat a natural insemination just like an artificial insemination with a physician , and enter into a written agreement before the donation takes place. It is also essential that you communicate with the donor what will happen if the relationship does not work out or there is a desired change of plan such as moving to another country.
We realize that many people hiring or working with natural insemination donors are looking for inexpensive and/or informal ways of handling this very important part of the reproductive process. However, as always, there are risks associated with going forward without a contract that you and the donor have signed after thoroughly discussing and agreeing upon everything.