Sperm donor
A sperm donor is a man who provides his sperm to other people so that they can fulfill their desire to have children.
There are two options for sperm donation:
- Private sperm donation
- Donation at a sperm bank
5 Differences between private sperm donation and a sperm bank
Sperm bank
- No direct contact with the donor
- Entry in the sperm donor registry, child has possibility to contact the donor
- Independent health check of the donor
- High cost (about 500 euros per unit)
- Clear legal regulation
Private sperm donation
- Direct contact with the donor
- For Yes sperm donors: Child can contact donor if donor is willing to do so
- Donor health screening is a matter of trust
- No costs (usually “expense allowance”)
- Legal uncertainty for donor and recipient (more on this below).
Private sperm donation
In the case of a private sperm donation, the parents-to-be often look for the donor in their social environment or via an Internet portal such as Familyship. The biggest advantage of private sperm donation is that the child can have contact with the donor. Also, a private donation is much less expensive than one from a sperm bank.
Since the route via private sperm donation involves more stumbling blocks than might be assumed at first glance, we strongly recommend seeking advice on how to have a child as well as legal advice.
Agreement with the sperm donor
To further reduce the risk for the sperm donor, it is common for an agreement to be drawn up between the sperm donor and the mother(s). The points to be included in the agreement depend on whether the sperm donor is to accompany the child as a paternal caregiver (“father with uncle function”).
The sperm is obtained from a sperm bank. After the birth of the child, there is no man who can assume the role of father -> No need for regulation
The sperm donor is known to the mother by name, but he wishes to remain anonymous and does not wish to be named in the adoption proceedings -> This is not legally possible, as a child has a legal right to know who its biological father is. However, it is possible for the sperm donor to instruct a notary not to forward the notarized consent to the family court. Instead, the notary informs the family court that the biological father has given his consent, but that he wishes to remain anonymous and not take part in the proceedings. The child then has the opportunity to use the notary’s records to find his biological father.
The sperm donor is known to the mother and would like to consent to the stepchild adoption. However, he does not want to have anything to do with the child and also wants to be sure that he does not have to make any maintenance payments -> The parties involved can agree that the mother and the co-mother indemnify the sperm donor against any maintenance claims by the child. They can also agree that the co-mother will indemnify the sperm donor against the mother’s maintenance claims. Of course, it can also be agreed that the sperm donor will pay child maintenance until the stepchild adoption or even beyond.
Sample agreements (german only) can be downloaded from the LSVD website.
Further links: