|KNOWN DONOR AGREEMENT|
THIS AGREEMENT is made on the …………..day of……….20……., entered into by and among _______________________________________________________, hereafter the DONOR, _________________________________________________,hereafter the RECIPIENT and ____________________________________________hereafter the PARTNER OF THE RECIPIENT.
(collectively referred to as the “Parties” or individually as the “Party”)and includes that Party’s successors and assigns.
Parties agree to the following terms and conditions and to be bound thereby:
- TERMS AND CONDITIONS
- The DONOR has agreed to provide his semen to the RECIPIENT and the PARTNER OF THE RECIPIENT through consensual sex with the RECIPIENT.
- The DONOR will receive NO compensation from the RECIPIENT or the PARTNER OF THE RECIPIENT.
- The marital status of each party is as follows;
- THE DONOR: ___________________________
- The RECIPIENT and the PARTNER OF THE RECIPIENT are married to each other.
- Each Party acknowledges and agrees that, through consensual sex, the RECIPIENT is attempting to become pregnant. The intent is that such consensual sex shall continue until conception occurs or until no longer desired by the RECIPIENT, the PARTNER OF THE RECIPIENT or the DONOR.
- Each Party acknowledges and agrees that the DONOR provided his semen through consensual sex and did so with the clear understanding that he would not demand, request, or compel any guardianship, custody or visitation rights with any child born from the consensual sex. Further, the DONOR acknowledges that he fully understands that he would have no paternal rights whatsoever with the said child.
- Each Party acknowledges and agrees that the RECIPIENT and the PARTNER OF THE RECIPIENT have relinquished any and all rights that they might otherwise have to hold the DONOR legally, financially, or emotionally responsible for any child that results from the consensual sex.
- The RECIPIENT and the PARTNER OF THE RECIPIENT acknowledge that they share full parenting responsibility of the child(ren) of the said known-donor.
- Each Party acknowledges and agrees that the sole authority to name any child resulting from
The consensual sex shall rest with the RECIPIENT and the PARTNER OF THE RECIPIENT. The RECIPIENT will be the named mother and THE PARTNER OF THE RECIPIENT will be the named second parent on the birth certificate. The RECIPIENT and THE PARTNER OF THE RECIPIENT will therefore be recognized as the two legal parents of the Child and agree to this.
- Each Party acknowledges and agrees that there shall be no father named on the birth certificate of any child born from the consensual sex.
- Each Party relinquishes and releases all rights they may have to bring a suit to establish paternity.
- Each Party covenants and agrees that, in light of the expectations of each Party, as stated above, the RECIPIENT and the PARTNER OF THE RECIPIENT shall have absolute authority and power to appoint a guardian for the child, and that the RECIPIENT, the PARTNER OF THE RECIPIENT and the guardian may act with sole discretion as to all legal financial, medical and emotional needs of the said child without any involvement with or demands of authority from the DONOR.
- Each Party covenants and agrees that the identity of the DONOR shall be made known to the child at a time and in a manner to be determined solely by the RECIPIENT and the PARTNER OF THE RECIPIENT. Each Party reserves the right not to disclose his identity to any others, and the RECIPIENT and the PARTNER OF THE RECIPIENT agree not to disclose the DONOR’s identity to any specific persons upon his written request, including full names.
- Each Party acknowledges and agrees that the relinquishment of all rights, as stated above, is
final and irrevocable. The DONOR further understands that his waivers shall prohibit any action on his part for custody, guardianship, or visitation in any future situations, including the
event of the RECIPIENT’S or the PARTNER OF THE RECIPIENT’S disability or death.
- Each Party acknowledges and understands that any future contact the DONOR may have with
any child(ren) that result(s) from the consensual sex in no way alters the effect of this agreement. Any such contact will be at the discretion of the RECIPIENT and the PARTNER OF THE RECIPIENT or appointed guardian and will be consistent with the intent of both parties to sever any and all parental rights and responsibilities of the DONOR. All Parties do also acknowledge that in the best interest of the child if the child at any time requests to meet or form a friendship with the DONOR, it is the intention of the DONOR to be receptive to such contact. All agree that any friendship formed between the DONOR and the child(ren) does not construe a parental relationship with any of its concomitant rights or responsibilities.
- The DONOR will respect the confidentiality of the RECIPIENT, the PARTNER OF THE RECIPIENT and their Child. The DONOR will not intrude into the lives of the RECIPIENT, the PARTNER OF THE RECIPIENT and their Child. The DONOR will not directly contact the Child unless invited to do so by the RECIPIENT OR THE PARTNER OF THE RECIPIENT. The DONOR will not undermine the parental responsibilities and rights of the RECIPIENT AND THE PARTNER OF THE RECIPIENT.
- The DONOR will give the RECIPIENT and the PARTNER OF THE RECIPIENT the option to have siblings and half-siblings for their Child.
- Each Party acknowledges and understands that there are legal questions raised by the issues involved in this AGREEMENT which have not been settled by statute or prior court decisions. Notwithstanding the knowledge that certain of the clauses stated herein may not be enforced in a court of law, the parties choose to enter into this AGREEMENT and clarify their intent that existed at the time of the consensual sex.
- Each Party acknowledges and agrees that they signed this AGREEMENT voluntarily and freely, of their own choice, without any duress of any kind whatsoever. It is further acknowledged that each Party has been advised to secure the advice and consent of an attorney of their choosing. Each Party understands the meaning and significance of each provision of this AGREEMENT.
- DISPUTE RESOLUTION
- Any dispute under this agreement shall be resolved by Mediation.
- The request for Mediation may be made by either Party and shall be in writing and delivered to the other Party.
- Pending the outcome of the Mediation, there shall be no change made in the language of this agreement.
- The qualified Mediator that will resolve any disputes regarding this agreement shall be agreed upon by all the Parties in writing within fourteen calendar days following the written Mediation request.
- Within seven days subsequent to the start of the Mediation, the Mediator will make a decision and communicate it in writing to each Party.
- Parties shall act in good faith to resolve the dispute.
- Nothing in this section shall be construed as limiting the court’s jurisdiction.
All notices, offers or other communications required or permitted to be given pursuant to this agreement shall be in writing. The Parties shall be served through the following addresses (including email), and either Party may change the below addressees by reasonable notice given to the other Party.
PARTNER OF THE RECIPIENT:
- GENERAL PROVISIONS
- The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
- This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or written agreements or understandings between the parties concerning the subject matter of this agreement.
- Either Party may request changes to this agreement, but this agreement may not be altered, amended, or modified, except by a written document signed by all parties.
- Unless otherwise provided, failure by either Party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement.
- This agreement may be executed in any number of counterparts, each of which shall be an original, and all of which shall together constitute the same instrument.
- The Article and Section headings in this agreement are for convenience, and they form in no part of this agreement and shall not affect its interpretation.
- The parties will exercise utmost good faith in this agreement.
- If any ambiguity is found in the agreement or various documents forming this agreement, the Partners shall issue any necessary clarification or instruction.
- Each Party shall bear its costs incurred in the negotiation, preparation, and execution of this agreement.
- This agreement shall be governed in all respects by the Laws of the State of Connecticut.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, consisting of ___ typewritten pages, in the City of _____________, County of __________________, State of ___________________, as of the day and year set forth below.
|PARTNER OF THE RECIPIENT|
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