What is a Known Sperm Donor?

A known sperm donor is where the identity of the person who is 'donating' the sperm (i.e. the sperm donor) is known to the mother to be.

What is a Known Sperm Donor Agreement?

A known sperm donor agreement is an agreement which provides for a sperm donor to donate sperm without attracting any or holding any parental rights or responsibilities towards any child born (either via intercourse or artificial insemination) between the parties.

Legality of a Known Sperm Donor Agreement?

The legality and enforceability of a known sperm donor agreement is still to be determined in terms of South African law by the Courts.

Given that a child’s best interests are of paramount importance in South Africa and would supersede or trump the rights of their mother or father, it may determine that such an agreement is contra bonos mores as it deprives the child of their right to have contact with and/or be maintained by both parents.

We are of the view that the legality and enforceability of a known sperm donor agreement would come down to the particular facts and circumstances on a case-by-case basis.

What is an Unknown Sperm Donor?

An unknown sperm donor is where the identity of the person who is 'donating' the sperm (i.e. the sperm donor) is unknown to the mother to be.

Legality of a Unknown Sperm Donor Agreement?

The intention of the parties, respectively, is that neither party will ever know the identity of the other party (i.e. they are anonymous), the donor will never have a relationship with the child and the donor will never have any obligation to contribute to such child. Therefore, the donor of the sperm in such a scenario in all probability would never apply for parental rights and responsibilities.

Barter McKellar’s family law attorneys are able to advise on issues of this nature. If you would like to find out more information, contact our offices today to schedule an appointment with one of our specialist family law attorneys.