Orlando Sperm / Egg Donor Law & Litigation
Protection for Intended Parents
The law office of Mack Law, P.A. in Orlando, Florida is devoted to creating a safe environment for same-sex and heterosexual couples, as well as individuals, looking to build their families through sperm donation.
Many people unfortunately cannot conceive naturally and must use an anonymous sperm bank or more commonly, choose a friend or “known” sperm donor to contribute genetic material for artificial insemination. In this case, the biological mother chooses to raise the child by themselves or at a later point pursues a step parent adoption so their spouse can also share parental rights over the child. This area of law is governed by the Florida Adoption Act and Florida Statutes Section 742.14 Donation of eggs, sperm, or pre-embryos.
These laws provide that a sperm donor, absent an agreement to the contrary, has no legal rights to the resulting child(ren). This is important because mothers who use sperm donors usually want to retain full parental rights. In that case, it is important to call me to discuss your situation in full before conception. This is because all reproductive medical professionals, will require you and the sperm donor to sign a contact outlining certain rights and responsibilities. Many of these medical professionals do not know the current state of the law and signing that contract without having an experienced attorney review it can result in you waiving important parental rights and obligations. This is why I provide this service and can also draft a Sperm Donor Agreement for you to be executed by the biological mother and sperm donor to assure that the mother will have full custody and not be engaged in a costly custody battle once the child is born. Alternately, 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 or friend. It is critical that the parties understand and agree the legal and practical terms of this relationship. I will be dedicated to your needs in this situation.
Protection for Donors
In the case of the sperm donor who wants parental rights with the resulting offspring, a legal contract will clearly identify that the genetic father will have no legal rights or responsibilities to the child. Details in sperm donation situations can vary widely, so it is important that the donor has legal advice available when needed.
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, or contract, which will resolve the interests and concerns of all participating parties. The contract will clearly define the rights and obligations of both the sperm donor and the recipients. In the case that the Sperm Donor with consent of the biological mother wants to retain parental rights, a contract can be drafted to allow the law to view the parties as a “commissioning couple”.
The state of the law in this area is cutting edge and always changing. Attorney Michael Mackhanlall, Esq., is one of a handful attorneys in Central Florida who has handled many cases in this area of law and has been referred to clients by local judges and top general practitioners in Florida for his expertise in this regard.
Attorney Michael Mackhanlall, Esq. represents clients throughout Central Florida, including the cities of Miami, Tampa, Orlando, St. Petersburg, Melbourne, Cocoa and more.