SA How to Get a Legal Agreement with Sperm Donor?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


2 August 2015
Hi there, my question today is, my partner and I are planning on using a sperm donor to conceive a child and from all that I have read, the Family Relationships Act already covers the part where donor relinquishes parental rights to my partner and I, being the intended parents, therefore having legal and financial responsibility.

Our donor would like an agreement in place as do we, but I have also read any contracts for these matters are not legally binding. How do I know whether the Family Relationships Act would be enough to protect all parties?

If I still need an additional agreement, how do I make it legally binding? I have tried calling a few lawyers in my area who say they don't deal with this.

Please help!


Well-Known Member
25 April 2014
The laws in Australia aren't as progressed to cover all aspects of what you're wanting to be covered. The sperm donor clinic should also have provided you with information? Yes lawyer can draft an agreement for you, but yes, you'll need to see who's comfortable with drafting it for you, as they'll likely have to provide a disclaimer to you that it could be struck out as unenforceable if the other party (after having a change of heart, etc) decided to challenge it in court. Unfortunately, you would need to decide whether or not you are comfortable with the level of protection they advise you is likely in the situation.