What Are The Legal Risks Of Using An Egg Or Sperm Donor?
If you've chosen to expand your family -- but need a little biological help in doing so -- you may be investigating egg or sperm donation. Both options can be wonderful in providing your family with the child you've always wanted. However, there are some legal risks inherent in choosing this route. Read on to learn about how Canadian law treats complicated situations involving egg and sperm donation, as well as what you should do to minimize any potential legal risks.
When choosing egg or sperm donation, how is the legal parent determined?
When a sperm or egg donor is used by a married couple to conceive and gift birth, some jurisdictions will presume the child is a product of the marriage and both the husband and wife are the legal parent of the child, even if one or both are not the biological parents. Other jurisdictions require the non-biological parent to legally adopt the child after birth.
If you go through a licensed sperm or egg donation facility, part of the service fee will include some legal protections. In most cases, the sperm or egg donor has already signed a number of forms waiving his or her right to contact the child or seek any future relationship, as well as giving up the right to be the legal parent of the child. However, many sperm and egg transactions take place in the private market, and are much less strictly regulated. If you do choose to go outside a sperm or egg donation facility, you should consult an experienced family lawyer to ensure your contract contains all necessary provisions based on your province's treatment of sperm and egg donation.
Can a sperm or egg donor be sued for child support?
If you and the sperm or egg donor did not sign an agreement relinquishing all parenting rights, and your state's laws don't address this specific issue, you may be able to sue the donor for child support and prevail. However, by establishing the sperm or egg donor as the legal parent of your child, you also relinquish some additional rights both on your own and your child's behalf. If you are currently married, your spouse will no longer be eligible for consideration as your child's legal parent (unless you go through the formal adoption process). This can affect your child's ability to qualify for college scholarships or collect insurance benefits on your behalf.
Before you enter into a donation agreement, ensure any contract you sign relinquishes the biological parent's parentage rights — unless you are certain you would like the donor to have both a biological and legal presence in your child's life.
Can you purchase eggs or sperm from a donor?
In Canada, it is illegal for an individual to accept or offer money in exchange for sperm donation. This is likely due to the government's fear that individuals may be coerced into becoming parents or giving up parental rights based on their financial situation. Sperm donation facilities are permitted to pay a small fee to secure donors — and the fees paid by those who use sperm from the facility are used to cover additional, non-compensatory costs. However, it has also made it more difficult for individuals to find willing donors on the private market.
What happens if your child wants to find his or her donor?
One risk of being open about your child's origins is that he or she may eventually want to reconnect with his or her donor and learn more about his or her biological family. If you've gone the private route, you probably already have some information about your child's donor. However, most sperm and egg donation facilities have strict confidentiality provisions that prevent potential parents from learning any personal information about the donor other than specific health issues. If you feel you'd like your child to be able to contact his or her biological parent in the future, you should probably seek private donation or a "semi-open" facility.