Buyer Beware: Key Considerations When Using a Sperm Donor

Navigating the process of using a sperm donor can be both exciting and complex. For families in Texas, it’s critical to understand the legal implications before proceeding. At Gaydos Duffer, P.C., we’re here to help guide you through the process, ensuring your family-building journey is as smooth and legally secure as possible.

Here are three essential considerations to keep in mind when using a sperm donor in Texas:

Legal Definition of a “Donor” in Texas

Under Texas law, not all sperm donors are legally classified as “donors.” For a donor to meet the legal definition and avoid being recognized as a legal parent, the donation must be made through a licensed physician.

Key Warning: If the donation occurs through at-home insemination, the sperm donor will likely be considered the legal parent of the child. This means they could have parental rights and responsibilities unless steps are taken to ensure they meet the legal definition of a donor.

Written Agreements Are Essential

If your sperm donor is someone you know, creating a written agreement is crucial. This document outlines the intent of the donation and clarifies that the donor is providing sperm as a donor—not as a parent.

A well-drafted agreement can also address:

• The donor’s role (or lack thereof) in the child’s life.
• How future contact between the donor and child will be handled, if at all.
• The exchange of health and mental health information to ensure the child’s medical needs are met.
• Confidentiality provisions to protect the privacy of all parties involved.

This agreement helps memorialize everyone’s intentions and provides legal safeguards for the recipient(s) and the donor.

Avoid Signing an Acknowledgment of Paternity

In Texas, an Acknowledgment of Paternity (AOP) has the same legal weight as a court order declaring someone a parent. If your sperm donor signs an AOP at the time of birth, they are legally establishing themselves as the child’s parent.

To prevent unintended consequences, do not have the donor sign an AOP. Instead, focus on following the appropriate legal processes to establish the parental rights of the intended parent(s) and secure the donor’s status as a non-parent.

How Gaydos Duffer, P.C., Can Help

Family-building journeys are deeply personal, and every situation is unique. Whether you’re considering a sperm donor, navigating a surrogacy arrangement, or building your family in another way, our team at Gaydos Duffer, P.C., is here to provide the legal guidance you need.

Contact us today to schedule a consultation and ensure that your family-building plans are secure, legally compliant, and tailored to your needs.

Serving families in Arlington, Texas, and beyond, Gaydos Duffer, P.C., is dedicated to helping you build the family of your dreams.