Donating sperm to a friend, known as a private or known donor arrangement, differs significantly from using an anonymous sperm bank. This path allows the intended parent(s) to know the biological source and potentially facilitate a pre-arranged relationship between the donor and child. Because this transaction is personal rather than clinic-mediated, it introduces unique medical, financial, and complex legal considerations. Navigating this process requires meticulous planning and establishing formal agreements before conception to protect the interests of the donor, the intended parent(s), and the future child.
Medical and Health Prerequisites
Health screening is a mandatory first step to ensure the safety of the recipient and the future child. The donor must undergo comprehensive infectious disease testing, including screening for sexually transmitted infections (STIs) such as HIV-1/2, Hepatitis B and C, syphilis, gonorrhea, and chlamydia. These tests are designed to prevent the transmission of pathogens through the donated sample.
Genetic carrier screening is also an important component of the medical prerequisites. This testing checks for the presence of genes associated with inheritable conditions like cystic fibrosis, sickle cell disease, and thalassemia. This screening provides the intended parent(s) with crucial information about potential risks, although the extent of genetic screening can vary widely.
If a clinic is involved, samples are often frozen and held in quarantine for 35 days to six months. The donor is re-tested for infectious diseases at the end of this period. This quarantine accounts for the “window period” when a new infection might not yet be detectable, adding an extra layer of safety even in known donor situations.
Legal Framework and Documentation
Establishing a clear legal framework is the most substantial consideration in a known donor arrangement, particularly regarding the donor’s parental status. The foundation of this protection is a written, legally binding Known Donor Agreement (KDA). It is highly recommended that this document be drafted by an attorney specializing in assisted reproductive technology (ART) law, with both the donor and the recipient retaining separate legal counsel.
The KDA must clearly state the donor’s intent to provide genetic material only, specifically waiving all future parental rights and responsibilities. This waiver is intended to prevent the donor from later claiming custodial rights and, conversely, to shield the donor from financial obligations, such as child support. Without this explicit agreement outlining the method of conception and intentions, a court may not recognize the donor’s non-parent status. The agreement must also define the intended parent or parents who will hold legal custody of the child.
Depending on the jurisdiction, a contract alone may not fully secure the donor’s non-parent status. Many state laws automatically assign parental rights to a biological father unless specific statutory requirements are met. For instance, some states require that the insemination take place under the supervision of a licensed physician to legally terminate the donor’s parental rights. If insemination is performed at home, the legal risks increase significantly, often requiring post-birth legal actions to clarify parentage. These additional steps can include a judicial declaration of non-parentage for the donor or a step-parent adoption by a non-biological intended parent. The KDA should also address future contact, specifying whether the donor will have an ongoing role in the child’s life, or if the donation is intended to be completely anonymous to the child.
Choosing the Donation Method
After addressing medical and legal requirements, the parties must choose the physical method of sperm transfer, which generally involves two options: home insemination or clinic-mediated insemination.
Home Insemination (ICI)
Home insemination, or Intracervical Insemination (ICI), is often chosen for its privacy, comfort, and lower cost. This method involves placing the fresh sperm sample into the recipient’s vagina, near the cervix, using a sterile, needleless syringe. A major drawback is the lower success rate, typically ranging from 5% to 15% per cycle. Furthermore, because the procedure is unsupervised, it lacks the legal safeguards provided by a licensed medical facility.
Clinic-Mediated Insemination (IUI)
Clinic-mediated insemination, usually Intrauterine Insemination (IUI), involves a medical professional washing the sperm sample. This process concentrates the healthiest sperm and removes components that can cause cramping before injecting it directly into the uterus. IUI generally offers a higher success rate per cycle, with the national average for unstimulated IUI with donor sperm around 18% for women under 35. Crucially, using a licensed fertility clinic often provides the strongest legal protection for the waiver of parental rights in many states. The choice requires balancing privacy and lower cost against the increased chance of conception and greater legal clarity offered by a clinic.
Costs and Financial Planning
Although the sperm sample is free, a known donor arrangement involves several distinct financial expenditures that must be planned in advance. Costs include mandatory medical and genetic screening, which can total hundreds or thousands of dollars depending on the extent of testing required by the clinic or state. The most significant expense is often attorney fees associated with drafting and reviewing the legally binding Known Donor Agreement. These legal fees typically range from $500 to over $2,000, and it is recommended that the donor and recipient each pay for their own legal counsel to ensure independent representation.
Additional expenses depend on the chosen method of insemination. Home insemination requires minimal supplies but may necessitate multiple attempts due to its lower success rate. If the parties opt for clinic-mediated IUI, procedure costs range from $300 to $4,000 per cycle. The financial agreement should clearly delineate who is responsible for each specific cost, including testing, legal fees, and procedures, to prevent future disputes.