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Rights and Responsibilities of Known Sperm DonorsWhen it comes to artificial insemination and parental rights, there is an important distinction between a known and unknown sperm donor. A man waives his paternity rights and responsibilities when he donates sperm to a medical facility that uses it to impregnate an unrelated woman. 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 private agreements for the woman to use a sperm donation to have a child. Illinois courts may not recognize private agreements that claim to waive a father’s parental rights.

Entering an Agreement

Some prospective parents prefer to know the man who will be the biological father rather than using a sample from someone anonymous. They may place a public notice to look for a donor or even ask a friend. When entering a private sperm donor agreement, it is wise for both parties to create a contract that outlines whether:

  • The father will have any rights as a parent;
  • The mother can request financial support from the father; or
  • The father can have a relationship with the child.

It is useful to write out each party’s expectations from the agreement, even if they are unsure whether the contract is legally enforceable.

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