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This is an agreement that is entered into between a sperm donor and a recipient. The purpose of this agreement is to facilitate the donation without exposing the donor to any adverse financial consequences, parental responsibilities, or liability of any kind which might otherwise deter the donor from donating his sperm. This agreement can be used by individuals that want to donate or receive sperm for artificial insemination purposes.
This is an agreement that is entered into between a sperm donor and a recipient. The purpose of this agreement is to facilitate the donation without exposing the donor to any adverse financial consequences, parental responsibilities, or liability of any kind which might otherwise deter the donor from donating his sperm. This agreement can be used by individuals that want to donate or receive sperm for artificial insemination purposes. SPERM DONOR AGREEMENT & WAIVER OF RIGHTS This AGREEMENT is made this __________ day of __________, _____ by and between _________________________ (hereinaftger “Donor”) and ______________________________ (hereinafter “Recipient”) In consideration of mutual covenants and agreements, Donor, and Recipient, being of sufficient age and sound mind to legally consent to this contractual arraignment, agree as follows: 1. Recipient acknowledges and agrees that is Recipient’s intent to become pregnant through the procedure of artificial insemination using Donor’s sperm. The purpose of this Agreement is to facilitate Donor to donate his sperm to Recipient without exposure to any adverse financial consequences, parental responsibilities, or liability risks of any kind which might otherwise deter him from doing so and to vest exclusive parental responsibility in Recipient. The donated sperm is to be used by Recipient in the conception of a child. 2. Donor is a man of good character who is charitably giving his sperm in a public spirited act of altruism. Recipient acknowledges and agrees not to penalize or subject Donor to adverse financial consequences of his act of compassion and generosity 3. Recipient agrees to reimburse Donor for reasonable expenses (including overhead costs) incurred in or pursuant to the donation and delivery of his sperm to Recipient. It is expressly agreed by the parties that Donor shall not be paid for donating his sperm and Donor is donating his sperm out of generosity without payment or payment in kind. 4. Donor’s real name, whether known to Recipient or not, will not under any circumstances be entered onto the birth certificate as the father of any child resulting from conception with his sperm in performance of this agreement. 5. Recipient accepts that conception, pregnancy, and childbirth all pose inherent risks for mother and child and she volunteers for and accepts these and all consequences flowing from them. Recipient fully understands and accepts such risks without limitation or exception. 6. Recipient acknowledges and agrees that she has relinquished any and all rights that she might otherwise have to hold Donor legally, financially, or emotionally responsible for any child. Further Recipient agrees not to pursue any maintenance claim(s) nor any liability claim(s) against Donor. Nor will Recipient assist with, counsel, procure, enable, nor any of them howsoever by any means facilitate any third party to pursue any such claim(s). 7. Recipient hereby jointly and severally with their partner shall indemnify and hold harmless, to the fullest extent allowed by law, Donor in relation to all potential risks, claims, losses, and liabilities howsoever arising whether foreseeable or otherwise without limitation or exception. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2 8. Neither Recipient nor Donor will attempt to trace the identity of the other, nor engage in any activity which could be construed as harassment, unlawful intrusion, or stalking. 9. Donor acknowledges and understands that Donor will have no paternal rights whatsoever with any child born to Recipient from the artificial insemination of Donor’s sperm. Recipient shall have sole parental responsibility and Donor hereby waives any parental rights the law might seek to grant him in favour of Recipient. 10. Donor acknowledges and agrees that Donor will not demand, request, or compel any guardianship, custody, or visitation rights with the resulting child. 11. Both parties covenant and agree that neither of them will identify Donor as a parent of any resulting child, nor will either of them reveal the identity of Donor to any of their respective parents or relatives 12. Donor acknowledges and agrees that Recipient shall have absolute authority and power to appoint a guardian for the child, and Recipient and guardian may act with sole discretion as to all legal, financial, medical, emotional needs of said child without any involvement with or demands of authority from Donor. 13. Recipient covenants that Recipient shall use its best endeavours to perform all its obligations under this agreement. In the event of breach of this agreement by Recipient, Recipient shall be held liable for the same. 14. Any communications, information and materials exchanged between the parties prior to and subsequently after execution of this Agreement whether in the public domain or not shall be deemed confidential as between the parties. Any disclosure or reproduction of the same in whole or in part to any third party without permission of the providing party shall be deemed to constitute an actionable breach of the confidence of the providing party who shall be entitled to damages in respect thereof. Should a party to the agreement wish to disclose anything covered by this agreement to a third party then permission to do so should be sought from the providing party who shall have the exclusive power of discretion in relation to the matter. 15. This Agreement sets forth the entire agreement between the parties. This Agreement supersedes, merges, or waives any and all prior negotiations, understandings, agreements, representations, or warranties, expressed or implied, oral or written, between the parties with respect to the Agreement. This is an integrated agreement. This Agreement shall not be amended, modified, altered, or changed except by a written agreement signed by all the parties. 16. In the event that any of the provisions of this Agreement are deemed to be invalid or unenforceable, the same shall be deemed severable from the remainder of this Agreement and not cause the invalidity or unenforceability of the remainder of the Agreement. If such provisions are deemed invalid due to their scope and breadth, the provisions shall be deemed valid to the extent of the scope or breadth permitted by law. © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 3 17. All parties warrant and represent that they are free to enter into and fully perform each and all of their obligations under this Agreement and expressly acknowledge that they will each rely on the representations, warranties, statements and agreements made herein, and that the consent or permission of no other person is necessary in order to enable the other to enjoy the full rights and benefits of this Agreement. 18. The provisions of this agreement shall survive any termination or purported termination of this agreement without limitation as to time. 19. This agreement shall be governed under the laws of the State of __________________ and shall be subject only to the exclusive jurisdiction of the Courts of the State of ___________. 20. The Parties agree to mediate any dispute or claim arising between them from this Agreement or any resulting transaction prior to bringing any court action. Mediation is a process by which parties attempt to resolve a dispute or claim by submitting it to an impartial neutral mediator who is trained and authorized to facilitate the resolution of the dispute, but who is not empowered to impose a settlement on the Parties. Mediation fees, if any, shall be divided equally between the Parties. In the event any claim or litigation arises out of the performance of this Agreement, the Parties agree that they and their heirs, assigns, and representatives, including their legal counsel, will take all reasonable steps to maintain such confidentiality and the rights of privacy of the Parties, including but not limited to: (a) requesting that any court records be sealed, (b) requesting the court to impose gag orders, and (c) requesting that the court take all necessary steps to protect the identities of the Parties to this Agreement from disclosure to the public or the news media. 21. Each Party acknowledges and agrees that she or he signed this agreement voluntarily and freely, of his or her 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 his or her own choosing, and that each party understands the meaning and significance of each provision of this agreement. EXECUTED AS A DEED Recipient ___________________________ Name ___________________________ Signature __________________________ Date © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 4 Witnessed by: Name ______________________ Signed _____________________ Date________________________ Donor ___________________________ Name ___________________________ Signature ___________________________ Date Witnessed by: Name _____________________ Signed ____________________ Date ______________________ © Copyright 2011 Docstoc Inc. registered document proprietary, copy not 5
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