Donorschap en donorcontract

Donorship and donor contract – legal advice on donor conception

Are you considering having a child through a sperm donor or egg donor? Or are you considering becoming a donor for someone you know? In both cases, it is essential to consider the legal consequences of donorship and to lay down clear agreements in a donor contract.

As a family law lawyer specialising in donor conception and (international) surrogacy, I assist prospective parents and donors in making clear agreements that do justice to all parties involved – including the future child.

Why draw up a donor contract?

A donor agreement is a written agreement between prospective parents and the donor, which sets out, among other things:

• The role of the donor before, during and after the pregnancy;
• The contact between the donor and the child;
• The child's ancestry;
• Financial arrangements;
• What happens if circumstances change.

Drawing up a donor contract with a lawyer helps to prevent misunderstandings or conflicts in the future. Although some issues cannot be fully covered in an agreement, a well-drafted donor contract always provides clarity and certainty.

Known donor vs. anonymous donor: A, B or C?

• An anonymous donor (A donor):

The A donor is completely anonymous. His/her identity can never be traced. This is not permitted in the Netherlands.

• A known donor (B donor)

In the Netherlands, B donors are found at a donor bank. At the time of donation, the identity of the donor is unknown. However, complete anonymity for donors is no longer permitted in the Netherlands. The child has the right to trace his/her biological ancestry from his/her 16th birthday onwards. A doctor in the Netherlands may only perform pregnancy treatment if the donor's details can be disclosed to the child in due course.

• A contact donor (C-donor):

The C-donor is in contact with the child and is often involved, especially at important moments in the child's life. There is no parental role or legal parenthood and authority. Often, agreements are made about how and when there will be contact between the donor and the child.

With a contact donor, it is even more important to make clear agreements in advance in a donor agreement. These agreements may include:

• Does the donor have a role in the child's upbringing?
• Is the child allowed to meet the donor?
• Can the donor recognise the child?
• Does the donor have rights?
• Is the donor obliged to pay maintenance?

These questions and more are discussed and laid down in the donor agreement.

My guidance consists of:

• Providing tailored legal advice;
• Conducting discussions about everyone's wishes and expectations;
• Drafting a legally clear and well-considered donor agreement;
• Consulting with other lawyers involved, both within and outside the Netherlands.
• Assisting as a family law solicitor in the event of any conflicts or proceedings.

When to contact me?

I advise and guide prospective parents and donors from the beginning to the end of the process. The process begins with information about the various options, after which I can draw up the donor agreement. Once everything is in order and everyone is in agreement, this donor agreement can be signed.

Thanks to my many years of experience, I can advise on all aspects of the process and together we can ensure that everything is taken care of from A to Z.

Donorship or a donor agreement?

In addition to my work as a solicitor, I enjoy being involved in the legal field of donor conception. I am a member of the advisory committee of the College Donorgegevens Kunstmatige Bevruchting (Artificial Insemination Donor Data Board) and I regularly give lectures on this subject. I am also affiliated with the DuRF foundation and a member of the Family and Youth Law Legislative Advisory Committee of the Dutch Bar Association.

Would you like to have a donor contract drawn up, are you looking for legal advice on donor conception, or do you have a conflict surrounding donorship or parentage? As an experienced family lawyer, I am happy to help you.

Please feel free to contact me for a no-obligation introductory meeting.