PART 4:
EXAMPLE OF AGREEMENTS BETWEEN MOTHERS & DONORS

(page 1 of 2)

There are 2 kinds of agreements:

		Example of Agreement with Donor where Donor has No Involvement with Child (see below)
		Example of Agreement Where Donor has Some Involvement with Child

Example of Agreement with Donor where Donor has No Involvement with Child

THIS AGREEMENT IS MADE ON:

BETWEEN ("MOTHERS"):

AND 2.

AND ("DONOR"):

The Mothers and Donor may also be referred to as the "Parties"

The Parties to this Agreement acknowledge that:

			in all circumstances, the best interests of the child are the fundamental consideration.
			regardless of who is listed on the child's birth certificate, the Donor is not a legal parent.
			the rights of all Parties to residence or contact is determined by Australian law in accordance with the best interests of the child.
			all Parties and other persons who have an interest in the care, welfare and development of the child may apply to the Family Court for orders to be made, regardless of whether or not they are legal parents.
			parts of the agreement relating to financial support may be legally binding. Most other parts of the agreement are not legally binding.

The purpose of the Agreement is to ensure the Parties have thoughtfully considered the issues contained in each clause of this Agreement and to further ensure that the Parties have a clear understanding of the other Parties' expectations and intentions.

PRE-CONCEPTION CONSIDERATIONS

1. Conception

a.		The Parties acknowledge that [insert name of intended biological mother] is attempting to become pregnant through [self-insemination/IVF/clinical insemination] and give birth to a child.
b.		The Donor has agreed to provide his semen to the Mothers for the purpose of [self-insemination/IVF/clinical insemination].
c.		The semen will be provided at a time and place as agreed between the Mothers and the Donor.
d.		The Donor is prepared to provide his semen for this purpose until the Mothers conceive or until [insert date].
e.		The Donor will/will not be notified by the Mothers when and if [insert name of intended biological mother] successfully conceives.
f.		The Donor will/will not be notified by the Mothers when and if [insert name of intended biological mother] successfully gives birth to a child/children.
g.		The following people will be present at the birth of the child: [insert who will be present].

2. Health

a.		The Donor agrees to fully disclose to the Mothers his medical history and knowledge of any medical condition common to his family members.
b.		The Donor agrees to undergo medical examinations and any physical or genetic tests as requested by the Mothers including: [insert a list of tests the Donor is required to undertake].
c.		The Mothers agree to pay for any medical examinations or tests that the Donor undertakes at the request of the Mothers.
d.		If the Donor becomes aware of a medical condition that may be genetically attributable, the Donor has a duty to inform the Mothers of this medical condition.

POST-CONCEPTION CONSIDERATIONS

3. Identity

a.		The Donor's name will/will not appear on the child's birth certificate.
b.		The Donor's identity shall/shall not be made known to the child.
c.		The Donor shall/shall not seek out the identity of the child.
d.		If the child wishes to know the identity of the Donor at some time in the future, the Donor agrees that the Mothers may provide the child with the following information when the child reaches [insert age] years of age: [insert what information will be made known to the child, eg: name, age, picture, address at time of agreement, current address if known, etc].
e.		The Parties are mindful that the child may want to know the Donor's identity. The child's request for information relating to the identity of the Donor will constitute a reason for reviewing and/or changing this Agreement.

4. Authority

a.		The Mothers will have sole day to day and long-term parental responsibility for the child and have authority to make decisions on behalf of the child including decisions relating to the child's health, education, social and religious affiliations, naming the child and [insert any additional areas].
b.		The Mothers have authority to appoint a guardian for the child and that guardian may make decisions on behalf of the child as delegated by the Mothers.
c.		The Donor has no parental responsibility or authority whatsoever in respect to the child.

5. Role of the Donor in the Family

a.		The Donor will not have a presence in the family.
b.		The family shall operate in accordance with the wishes of the Mothers.
c.		The Donor acknowledges and accepts that the Mothers will be the child's only parents and will be seen to be the child's parents to the rest of the world.

6. Residence

The child shall reside solely with the Mothers.

7. Contact

a.		The Donor shall have no contact with the child.
b.		No contact means the Donor will not have any physical contact with the child nor will the Donor communicate with the child in any way whether by telephone, letters or email.
c.		The Parties are mindful that the child may want contact with the Donor. The child's request to have contact with the Donor shall constitute a reason for reviewing and/or changing this Agreement.

8. Financial responsibilities

a.		The Mothers are solely responsible for supporting the child financially.
b.		The Mothers will share this financial responsibility equally [or as otherwise agreed between them].
c.		This Agreement releases the Donor from any financial responsibility for the child whatsoever.
d.		The Mothers agree that they will not pursue any financial assistance from the Donor.

9. Changes to family

a.		The Donor is under no obligation to inform the Mothers if he changes his place of residence or contact details.
b.		The Mothers are under no obligation to inform the Donor if they change their place of residence or contact details.

c.		The Donor has an obligation to inform the Mothers if he changes his place of residence or contact details.
d.		The Mothers have an obligation to inform the Donor if they change their place of residence or contact details.

MAY INCLUDE

The Parties will notify the following third party if they change their place of residence or contact details: [insert the name of a third party that all parties are comfortable reporting any changes to residence or other contact details. A mutual friend or solicitor may be appropriate].

10. Confidentiality clause

The Donor and the Mothers may only disclose information contained in this Agreement if the parties agree that the information may be disclosed.

11. Changing the Agreement

a.		The Parties acknowledge that over time the Parties may wish to make changes to the terms of this Agreement.
b.		If any Party or Parties wish to make changes to this Agreement, the Parties agree that they will engage in an open-minded discussion in relation to the terms of this Agreement the Party wishes to change, with the best interests of the child being the fundamental consideration.
c.		All changes to this Agreement will be made in writing and signed by all Parties.

12. Dispute Resolution Procedures

a.		If the Parties have conflicting views or are in dispute in relation to a term of this Agreement or in relation to any issue that effects the child, the Parties agree to attempt to resolve the issue via mediation in the first instance.
b.		The Parties will agree upon an appropriate mediator [or insert the name of a person or organisation who you all agree would be suitable].
c.		The Parties will genuinely attempt to resolve any disputes via mediation until one or all of the Parties concludes that the mediation process is not an effective means of resolving the dispute and a new approach must be taken [or insert a period of time you think is reasonable, say 4 weeks, over which you agree to try and solve the problem].
d.		If the Parties are unable to settle the dispute via mediation or other dispute resolution process, the Parties may make application to the Family Court of Australia.

By signing this Agreement, the Donor and the Mothers agree that they have carefully considered each clause of this Agreement with the best interests of the child in mind, and will genuinely endeavour to honour this Agreement in good faith

[Insert name of Mother]

[Insert name of Co-parent]

[Insert name of Donor]