Sperm Donor Agreements in New Zealand

A sperm donor agreement is an important document designed to ensure clarity,
certainty, and shared expectations for everyone involved in a donorconception
arrangement. While not legally binding in the way a court order might be, these
agreements play a crucial role in documenting each party’s intentions and can help
prevent misunderstandings or disputes later.

Why Have a Sperm Donor Agreement?
A welldrafted donor agreement sets out the parties’ shared understanding of a range of
matters, including:
The role of the donor and the intended parents, and each party’s expectations
regarding involvement (or noninvolvement) in the child’s life.
• The method of conception, including whether conception will occur through a
fertility clinic or an athome process.
• Birth certificate arrangements, such as who will be named as parents.
• Guardianship, parental rights and responsibilities, including whether the
donor is to have ongoing involvement.
• Communication and contact expectations, for example whether the donor will
receive periodic updates or photos.
• Financial expectations, noting that New Zealand law prohibits payment for
sperm donation apart from reimbursement of reasonable expenses such as
travel.

Although New Zealand law does not currently create enforceable legal rights solely
through donor agreements, they are strongly recommended as evidence of each
person’s intentions should any legal issues later arise. Where necessary, the court can
be approached to make certain parts of a donor agreement into an enforceable court
order.

Clinic vs. Private (AtHome) Conception
Donor agreements are particularly valuable when donations occur outside a fertility
clinic.
Careful consideration needs to be given when selecting a sperm donor. There have
been media reports over the years of donors seeking to manipulate recipients and take
advantage of their desire to become a parent.
• A sperm donor has no legal rights or responsibilities in respect of any child they
help create if the child was created by artificially insemination.
• Under New Zealand law, conception through sexual intercourse means the donor
may be considered the legal father, even if the intention was donation only, and
may be liable for child support.
• Clinicbased donor conception is governed by the Human Assisted Reproductive
Technology (HART) Act, which requires donors to provide identifying information
and ensures children can access information about their genetic origins when
they reach 18.

Because private arrangements fall outside this regulated framework, written agreements
become even more critical to reduce uncertainty.

Considering the Child’s Rights and Wellbeing
Anyone considering donor conception must start with the interests of the child who may
be born. New Zealand’s regulatory framework strongly supports children’s rights to know
their genetic origins:
• Children conceived through donor treatment in clinics can access identifying
information about their donor at age 18 (or earlier in special circumstances) via
the HART Register.
• Openness and honesty about a child’s conception are encouraged to support
their longterm wellbeing, identity formation, and family relationships.
• Consideration should also be given to the possibility of donor siblings—other
children conceived using the same donor. Many families choose to foster positive
connections between donorconceived siblings, and some donors place limits on
the number of families they donate to. [govt.nz]

Useful Resources
For individuals and families navigating donor conception, Donor Conceived Aotearoa
provides extensive peerled education and support for donorconceived people and their
families:
https://donorconceivedaotearoa.co.nz/

Other reputable New Zealandbased information sources include:
• Fertility New Zealand – information on donor processes and legal considerations.
[fertilitynz.org.nz]
• Government Aotearoa New Zealand – official guidance on donating sperm and
the legal requirements for donors. [govt.nz]