Will Our Sperm Donor Have Any Rights to Our Child?

 Posted on February 25, 2025 in Family Law

Babies can be born in so many ways in 2025. Thanks to science and medicine, if people are unable to conceive naturally, they have a variety of options available. One of those options is using a sperm donor to help a woman get pregnant. However, if you are considering doing so to start a family, you might be wondering whether the donor could have any legal rights to your child. While the law is clear in many cases, there are some important factors to consider. To learn more, speak with a qualified Illinois family law attorney.

What Does Illinois Law Say About Sperm Donor Rights?

According to the Illinois Parentage Act, sperm donors typically have no legal claim to parental rights to a child born from their donation. The law lists specific situations in which this is the case. For example, if the sperm donation was made through a licensed medical professional entity, such as a fertility clinic, and the donor signed an agreement waiving any parental rights, the donor will not be considered a legal parent. Therefore, the sperm donor will not have any parental responsibilities or visitation rights.

However, some people choose to use sperm donated by someone they know rather than going through a sperm bank and an anonymous donor. If that is the case, things can become a bit more complicated. Sperm donors and recipient families generally have a written, signed agreement explaining that the donor is not the father and has no parental rights. Illinois courts typically enforce these. If there is no agreement or the child was not conceived in a medical setting, the donor could potentially claim parental rights.

Could Our Sperm Donor Gain Parental Rights to Our Child?

While it is unusual, there are certain times when a sperm donor can end up recognized as a legal parent. If the donor and the child’s mother or other parent agree that he will be involved in the child’s life or if the donation did not happen through a formal medical process, there could be grounds for granting him rights. If you do not want your sperm donor to claim rights to your child, you can take several steps to protect your family:

Use a Licensed Medical Professional

You might think that working directly with your donor can make the process smoother. The truth is that it can result in custody complications down the line, so it is best to go through a medical professional, which can ensure legal protection.

Have a Written Agreement

This is not required, but a signed contract explaining the role of everyone involved can help prevent disputes in the future.

Consult a Family Lawyer

An attorney can offer valuable guidance and help you draft an agreement that addresses all concerns.

Contact an Arlington Heights, IL Parental Rights Lawyer

If you are concerned that a sperm donor might claim parental rights, an experienced Arlington Heights, IL family law attorney can offer crucial guidance. At A. Traub & Associates, we are dedicated to helping families and have years of experience helping families navigate legal challenges, so call 847-749-4182 to hear how we can assist you.