We found a known donor! Now what?
First of all, congratulations! We know the equation: sperm + egg + uterus = baby. It’s exciting when all of those pieces fall into place, especially when it’s not always easy.
Second of all, consider entering into a Known Donor Agreement (KDA) before you obtain the genetic material or attempt to achieve pregnancy.
A KDA has many benefits, including:
- Providing a framework for thinking through what you want
- Setting everyone’s expectations appropriately
- Developing a roadmap for how the relationship will unfold
- Keeping a record of the agreement you all made at the beginning
- Being relatively inexpensive
But, of course, there are caveats and words of caution (you knew this was coming, right? We are lawyers, after all!).
- Its impossible to draft for every contingency
- A KDA has limited enforceability because parties can’t contract away all their rights regarding children and parenting
- Challenges to a KDA may come from the parties themselves or from a third party, like the state, if a child is enrolled in state benefits
SO, what should you do? DO consider entering into a KDA since the benefits generally outweigh the risk. DO consider moving forward with a Second Parent Adoption. The law is clear that there are two ways to legally establish parentage: birth and adoption. An adoption will make the parent-child relationship un-challenge-able. And DO contact us for a complimentary consultation so we can discuss your specific situation.