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Assisted reproductive technology

Sperm Donation Agreements in Florida

Karen Persis drafts, negotiates and reviews Sperm Donation Agreements for Intended Parents and and Sperm Donors — for both clinical and at-home insemination arrangements, and for known and anonymous donor arrangements.

What is a Sperm Donation Agreement?

Most fertility clinics require the Intended Parents and Sperm Donor execute a Sperm Donation Agreement prior to the donation taking place. This agreement outlines the expectations of the parties, including rights and responsibilities, future contact, issues involving confidentiality, as well as financial reimbursements and other expectations.

Sperm Donation Agreements are particularly important when the donor is known to the Intended Parents and may remain in their lives as a family member, friend, or acquaintance. It is critical that the parties understand and agree to the legal and practical terms of this relationship.

Considerations for a Known Donor

In the case of a Known Donor, it is important to establish boundaries regarding expectations relating to confidentiality and future contact. An attorney can draft a Sperm Donation Agreement on behalf of the Intended Parents or the Sperm Donor, which will address the interests and concerns of all participating parties.

The agreement will clearly define the rights and obligations for the Sperm Donor and the Intended Parents — including whether the Sperm Donor will have any future contact with the child, how confidentiality will be maintained, and what financial or logistical reimbursements are permitted under Florida law.

Important update: Conception by At-Home Insemination

On December 30, 2025, the Florida Supreme Court issued a decision in Brito v. Salas which held that Florida Statute 742.14 only applies in circumstances where a fertility clinic is used to conceive the child.

What this means: A donor who provides sperm for donation to intended parents who choose to use at-home insemination kits will not automatically be considered a Donor under the statute. This puts the donor at risk to be responsible for time-sharing and child support.

In such circumstances, the donor’s rights can still be relinquished through the intended parents seeking adoption for the non-gestating parent shortly after birth, with the proper consents and affidavits completed by the donor.

It is absolutely critical that parties considering at-home insemination seek counsel in advance of insemination. Further, it is critical that a Sperm Donation Agreement be in place prior to insemination occurring as well.

Independent Representation

Because the Intended Parents and the Sperm Donor have distinct legal interests, they should not share the same attorney. Karen represents either the Intended Parents or the Sperm Donor in a sperm donation arrangement, and recommends that the other party retain independent counsel.

This independent counsel structure is standard practice in reproductive law and is expected by most fertility clinics as part of their legal clearance requirements.

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Frequently asked questions

Most fertility clinics require legal clearance in cases of known sperm donation, before the donation takes place or the donor sperm is used to conceive a child. The Sperm Donation Agreement protects both the Intended Parents and Sperm Donor by clearly establishing legal parentage under Florida Statute 742.14, financial reimbursement terms, confidentiality expectations, and any future contact arrangements.

Known Sperm Donor situations make a written agreement especially important. Without one, expectations about confidentiality, future contact, and the Sperm Donor’s role in the child’s life can become a source of dispute later. Karen drafts agreements that clearly define boundaries and responsibilities for all parties.

Following the December 30, 2025 Florida Supreme Court decision in Brito v. Salas, Florida Statute 742.14’s protections only apply when a fertility clinic is involved. For at-home insemination, additional steps are required to protect the Sperm Donor and Intended Parents — including a Sperm Donation Agreement executed in advance of any at-home insemination attempts, and an adoption shortly after birth. A Sperm Donor needs to think carefully about the potentially additional liability and parental responsibilities in circumstances of at-home insemination following the Florida Supreme Court’s decision.

No — the Sperm Donor and Intended Parents have separate legal interests. Karen represents one party at a time and recommends that the opposing party retain their own independent counsel to review and negotiate the agreement.

Most agreements can be drafted, negotiated, and signed in a couple of weeks. Timing depends on how quickly the parties respond to their attorneys in reading and reviewing drafts of the agreement. Karen provides a clear timeline at the initial consultation.

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