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.
Beginning a sperm donation arrangement?
