Sample Parenting Contracts

Here are some sample parenting contracts which you can use as a model for your own contract. Please be aware that such a contract has significant legal implications and that you may want to consult an attorney.

Thanks to those who so generously provided these sample contracts as community information.

Disclaimer: PQP provides these sample contracts for informational purposes only--please do not consider them as legal advice of any kind.

  • Biological mother and father contract #1
  • Biological mother and father contract #2
  • Biological and non-biological mothers and fathers contract
  • Sample known donor contract

    Biological Mother and Father Contract #1

    PARENTING AGREEMENT

    This Agreement is made between ______________, hereinafter "the father", and _____________, hereinafter "the mother", who may also be referred to herein as "the parties".

    NOW, THEREFORE, in consideration of the promises of each other, the parties agree as follows:

    1. Each clause of this Agreement is separate and divisible from the others, and, should a court refuse to enforce one or more clauses of this Agreement, the others are still valid and in full force.

    2. The parties intend to become biological parents together, in that the father will provide his semen to the mother for the purpose of alternative insemination.

    3. Each party is unmarried and has never been married. Each party agrees that any domestic partner either party presently has or may have in the future shall have no legal rights to any child(ren) born as a result of the alternative insemination procedure, unless both parties agree otherwise in writing.

    4. Although they are not partners and although they are using alternative insemination, it is the intention of the parties to be equal parents to any child(ren) born as a result of the alternative insemination procedure.

    5. Each party acknowledges and agrees that the intent of the parties is that both parties will have substantial and continuing contact with the child(ren). It is the parties' intent that they divide the child(ren)'s time approximately equally, however the parties understand that physical custody may vary over time depending on the best interests of the child(ren).

    6. The parties acknowledge and agree that they both will provide support to the child(ren) to the extent that they can, depending on their income.

    7. The parties both agree to stay in the San Francisco Bay Area while the child(ren) is/(are) under the age of 18, and each party agrees not to move out of the Bay Area without the written consent of the other party.

    8. Each party acknowledges and agrees that the child(ren) will be given a sense of each of their cultural heritages. The parties agree to respect their differences with regard to their religious and cultural heritages.

    9. The father agrees that he will not voluntarily provide regular ongoing support to any other child(ren) that he may have as a result of his providing sperm pursuant to a donor insemination agreement with another party. The father agrees that should he provide any gifts or support to any other such child(ren) he will not provide more than an aggregate sum in a value of $2,000 per year either to such child(ren) or to their mothers without the written agreement of the mother.

    10. Each party acknowledges and agrees that the child(ren)'s names will be chosen jointly.

    11. Each party acknowledges and agrees that the father will be named as the father on the birth certificate of any child born from the alternative insemination procedure.

    12. Each party agrees that, should there be a disagreement as to the interpretation, enforcement, or modification of this Agreement, prior to filing an action in court, the parties will engage in three (3) sessions of mediation in good faith in an attempt to resolve their disputes. How the cost of the mediation is divided will be decided during the course of the mediation.

    13. Each party agrees that, should the above mediation be unsuccessful and that the parties shall submit to binding arbitration. The parties understand that, by agreeing to binding arbitration, the decision of the arbitrator will be final and they will not have a right to have the decision reviewed in a court of law. If there is a gay and lesbian arbitration service available at the time the parties should require it, the parties agree to follow whatever procedures are utilized by that service. In the absence of such a service, or of such procedures, the binding arbitration shall be according to the following procedures:

    i. The request for arbitration may be made by either party and shall be in writing and delivered to the other party;

    ii. Pending the outcome of arbitration, there shall be no change made in the language of this Agreement;

    iii. The arbitration panel that will resolve any disputes regarding this Agreement shall consist of three persons - one person chosen by Leland, one person chosen by person chosen by the other two panel members;

    iv. Within fourteen (14) calendar days following the written arbitration request, the arbitrators shall be chosen;

    v. Within fourteen (14) days following the selection of all members of the arbitration panel, the panel will hear the dispute between parties;

    vi. Within seven (7) days subsequent to the hearing, the arbitration panel will make a decision and communicate it in writing to each party.

    14. Each party agrees that the arbitrator(s) will decide who pays the costs of arbitration.

    15. Each party acknowledges and understands that there are legal questions raised by the issues involved in this Agreement which have not been settled by statute or prior court decisions. Notwithstanding the knowledge that certain of the clauses stated herein may not be enforced in a court of law, the parties choose to enter into this Agreement and clarify their intent that existed at the time the alternative insemination procedure was implemented by them.

    16. Each party acknowledges and agrees that she or he signed this Agreement voluntarily and freely, of her or his own choice, without any duress of any kind whatsoever. It is further acknowledged that each party has been advised to secure the advice and consent of an attorney of her or his own choosing, and that each party understands the meaning and significance of each provision of this Agreement.

    17. This Agreement contains the entire understanding of the parties. There are no promises, understandings, agreements, or representations between the parties other than those expressly stated in this Agreement.

    The parties hereunto have executed this Agreement in the City of____________________and the County of ______________________ .

    _______________________________           ______________
    
    Mother Date

    _______________________________ ______________
    Father Date

    _______________________________ ______________
    Witness Date

    Biological Mother and Father Contract #2

    PARENTING AGREEMENT

    1. ___________________________ and _______________________________ , hereafter known as the father and the mother, respectively, and jointly referred to as the Parties, to express our understanding as to our rights and responsibilities to our child(ren) and to provide for their upbringing and support in the most responsible and cooperative manner possible.

    2. We fully realize our power to make this agreement is limited by state law. There are legal questions raised by the issues involved in this agreement which have not been settled by statute or prior court decisions. With this knowledge, and in a spirit of cooperation and mutual respect, we wish to enter into this agreement.

    3. Each party is unmarried, identifies themselves primarily as homosexual and may have a domestic partner or significant other of their same sex.

    4. The Parties intend to become biological parents together, in that the father will provide his semen to the mother for the purpose of alternative insemination. "Child(ren)" in the agreement applies to any child or children born as a result of said alternative insemination.

    5. Our purpose and our hope is to do our best to see that our child(ren) maintains a close and loving relationship with each of us, regardless of external demands that might affect our relationship with each other. Our intent is to create an extended, alternative family for ourselves, our child(ren), our respective partners and their children based on the principles that, ideally, guide all families: love, mutual respect, responsibility, co-operation, emotional support, and open communication. We are committed to creating a loving, safe, and secure environment for our child(ren).

    6. Although we are not partners and although we are using alternative insemination, it is our intention to be equal parents to our child(ren). Legal and physical custody shall be joint. This means that all major decisions regarding physical location, and any other major decisions, such as those relating to the child(ren)'s support, health, education, spiritual education, etc., shall be made jointly by the Parties, and that our child(ren) shall be involved in the decision-making to an extent consistent with his/her/their age(s) at the time.

    7. We intend to remain in the Bay Area until the child(ren) has finished high school. However this is open to renegotiation after junior high school. We agree that it is preferable for us to live in close proximity. If, for professional and/or personal reasons this intent becomes difficult or impossible, we agree the parent who remains in the Bay Area will have custody of the child during the nine month school year. The parent leaving the Bay Area will have custody during major school breaks and summer vacations. We will discuss any necessary changes with the aim of minimizing negative effects on our child(ren) and our family.

    8. We acknowledge and agree that the father will be named on the birth certificate of any child(ren) born from the alternative insemination procedure.

    9. We acknowledge and agree that the child(ren)'s names will be agreed upon by mutual consent.

    10. We acknowledge and agree that the child(ren) will be given a sense of their cultural heritages. We agree to respect our differences with regard to our religious and cultural heritages.

    11. We acknowledge and agree that our intent is to maintain two separate households and we both will have substantial and continuing contact with the child(ren). It is our intent that we will divide the child(ren)'s time approximately equally between the two households: however, we understand that physical custody may vary over time depending on the best interests of the child(ren). The child(ren) shall reside with the mother during the first 6 months of the child(ren)'s life. After the child(ren)'s 6 month birthday, s/he(they) shall reside with the father a minimum of three days per week which would include every other weekend. We agree that we will alternate by holiday and by year the following: Birthday, Halloween, Thanksgiving, Hanukkah, Christmas Eve, Christmas Day, President's Day, Passover, Easter, Memorial Day, 4th of July, Labor Day.

    12. For tax purposes the Parties will alternate years for claiming "Head of Household", the child as dependent and using the child care credit. Earned income credit can be claimed by either of the Parties when applicable.

    13. We acknowledge and agree that we both will provide support to the child(ren) to the extent that we can, depending on our income. We shall pay routine costs for food, shelter, and clothing while physically caring for our child(ren).

    14. We will include the child(ren) in a health and dental insurance plan through one of our workplaces or through a private plan. We shall contribute to health care (including the health and dental insurance premiums), prenatal, childbirth, day care and educational expenses as follows:

    a) When incomes are approximately equal (+/- 10%), each shall contribute an equal amount.

    b) When incomes are not equal we will contribute proportional to our respective incomes. We acknowledge that physically caring for the child has monetary value since care not voluntarily provided would have to be purchased on the open market.

    c ) Any expenses related to the items mentioned above would be subject to mutual agreement before implementation.

    15. If the mother is unable to work for a period of time due to pregnancy, or during the first six months after the child(ren)'s birth, and thereby suffers a decrease in her income, the father shall bear a larger share of the child support and related expenses with the exact amount based on the mother's monthly expenses. This amount will not exceed ___________________.

    16. The Parties each will separately have authority to authorize consent for Medical, Surgical, or Dental Examination or Treatment of their child(ren) to any person(s) in whose care the child(ren) is/are temporarily placed. The Parties agree that circumcision is a form of child abuse and neither of the Parties may consent for that procedure to be performed on any child(ren).

    17. In consideration of the ongoing support of the minor child(ren), both the Parties will hold life insurance policies in the amount of $____________, designating each other as beneficiary in trust for the child(ren).

    18. Except as set forth in this agreement the Parties waive rights to child support. We are fully informed of the right to child support and are not acting under coercion. In addition, neither of us is receiving AFDC nor expects to in the future. We believe the financial needs of our child(ren) will be adequately met by this agreement and have made it in the child(ren's) best interests.

    19. In the event that either of the Parties dies the surviving party agrees to assume 100% of the parenting responsibility for the child(ren). The deceased party's friends and family will continue to be welcome to play significant roles in the child(ren)'s life.

    20. The Parties each agree to write a will designating the child(ren) to receive a share of their estate. Also we will name someone we both agree on as guardian of our child in the event we should both die.

    21. We agree that any domestic partner either of us presently has or may have in the future may have co-parenting responsibilities to any child(ren) born as a result of the alternative insemination procedure.

    22. The mother agrees to seek all prenatal medical tests that are appropriate as recommended by her gynecologist. The Parties will discuss test results and reach a mutual decision in regard to these results. The father understands that if the test results indicate that the child will be born with Down Syndrome or a similar type of severe disability it would be the father's intention to terminate the pregnancy. If the mother decides to bring the pregnancy to full term the father may elect to forfeit parental rights and responsibilities as outlined in this agreement. If we are unable to reach a mutual decision we agree to seek counseling to facilitate a decision.

    23. If any dispute or problem arises between us regarding some aspect of this contract in caring for the child(ren), we agree to seek counseling and/or professional help to resolve those problems. The child(ren) shall be involved in this process to the maximum amount consistent with their age at the time. In the event a resolution cannot be reached by the above a more formal mediation procedure will be followed.

    a) Mediation - We will engage in three (3) sessions of mediation in good faith in a attempt to resolve our disputes. How the cost of the mediation is divided will be decided during the course of the mediation.

    b) Binding arbitration - We agree that, should the above mediation be unsuccessful, we shall submit to binding arbitration. We understand that, by agreeing to binding arbitration, the decision of the arbitrator will be final and we will not have the right to have the decision reviewed in a court of law. Binding arbitration shall be according to the following procedure:

    i. The request for arbitration may be made by either party and shall be in writing and delivered by the other party;

    ii. Pending the outcome of arbitration, there shall be no change in the language of this agreement;

    iii. The arbitration panel that will resolve any disputes regarding this agreement shall consist of three persons - one person chosen by each party and one person chosen by the other two panel members;

    iv. Within fourteen (14) days following the written arbitration request, the arbitrators shall be chosen;

    v. Within fourteen (14) days following the selection of all members of the arbitration panel, the panel will hear the dispute between parties;

    vi. Within seven (7) days subsequent to the hearing, the arbitration panel will make a decision and communicate it in writing to each party.

    vii. The Parties agrees that the arbitrator(s) will decide who pays the costs of the arbitration.

    viii. The Parties agree that both will request the arbitration panel to consider the best interests of the child(ren), if the dispute involves child(ren), as paramount importance, outweighing the interests of either Party;

    ix. The above process may be forsaken and an existing Gay and/or Lesbian arbitration panel may be used should both Parties agree to submit the dispute to them.

    24. We acknowledge and agree that we signed this agreement voluntarily and freely, of our own choice, without any duress of any kind whatsoever. We further acknowledge that we each have been advised to secure the advice and counsel of an attorney of our own choosing, and that we each understand the meaning and significance of each provision of the agreement.

    25. This agreement contains our entire understanding. There are no promises, understandings, agreements, or representations between us other than those expressly stated in this agreement.

    In a spirit of cooperation and mutual respect, it is our clear strong intention to raise loving, caring child(ren) simply and harmoniously.

    The parties have executed this agreement in the City of ______________________ , California.

    _______________________________           ______________
    
    Mother Date

    _______________________________ ______________
    Father Date

    _______________________________ ______________
    Witness Date

    Biological and Non-Biological Mothers and Fathers Contract

    PARENTING AGREEMENT for TWO BIOLOGICAL and TWO NON-BIOLOGICAL PARENTS

    1. The purpose of this agreement is threefold. First, to protect the interests of the child(ren) in our family by expressing our understanding as to the parent's rights and responsibilities to our child(ren) and to provide for their upbringing and support in the most responsible and cooperative manner possible. Additionally, we believe that child(ren) should have free and open access to those people who the child(ren) identifies and her/his parents. These bonds should only be suspended or severed if a parent proves themselves to be unfit or abusive. Second, to recognize that ____________________ and ____________________ are to be the biological parents of the first child(ren) in our family and they will have full and equal legal custody under the laws of the State of California. Third, to recognize that our child(ren), regardless of law, will have four people who the child(ren) will identify as parents. The non-biological parents are ____________________ 's domestic partner, ____________________ , and ____________________ 's domestic partner, ____________________ . Hereafter, the aforementioned adults will be jointly referred to as the Parents.

    2. We fully realize our power to make this agreement is limited by state law. There are legal questions raised by the issues involved in this agreement which have not been settled by statute or prior court decisions. With this knowledge, and in a spirit of cooperation and mutual respect, we wish to enter into this agreement.

    3. ____________________ and ____________________ intend to become biological parents together, in that ____________________ will provide his semen to ____________________ for the purpose of alternative insemination. "Child(ren)" in the agreement applies to any child or children born as a result of said alternative insemination.

    4. Our purpose and our hope is to do our best to see that our child(ren) maintains a close and loving relationship with each of us, regardless of external demands that might affect our relationship with each other. Our intent is to create an extended family for our child(ren) and for ourselves based on the principles that, ideally, guide all families: love, mutual respect, responsibility, co-operation, emotional support, and open communication. We are committed to creating a loving, safe, and secure environment for our child(ren).

    5. Although ____________________ and ____________________ are not partners and their respective partners, ____________________ and ____________________ will not be biological parents to our child(ren), and although we are using alternative insemination, it is our intention to be equal parents to our child(ren). Legal and physical custody shall be joint. This means that all major decisions regarding physical location, and any other major decisions, such as those relating to the child(ren)'s support, health, education, spiritual education, etc., shall be made jointly by the Parents, and that our child(ren) shall be involved in the decision-making to an extent consistent with his/her/their age(s) at the time.

    6. We intend to remain in the Bay Area until the child(ren) has finished high school unless jointly agreed upon by the Parents. We agree that it is preferable for us to live in close proximity. If, for professional and/or personal reasons this intent becomes difficult or impossible, we agree the parent(s) who remains in the Bay Area will have custody of the child during the nine month school year. The parent leaving the Bay Area will have custody during major school breaks and summer vacations. We will discuss any necessary changes with the aim of minimizing negative effects on our child(ren) and our family.

    7. We acknowledge and agree that the biological father, ____________________ , will be named on the birth certificate of any child(ren) born from the alternative insemination procedure.

    8. We acknowledge and agree that the child(ren)'s names will be agreed upon by mutual consent.

    9. We acknowledge and agree that the child(ren) will be given a sense of their cultural heritages. We agree to respect our differences with regard to our religious and cultural heritages.

    10. We acknowledge that we may maintain two separate households. If we do, it is our intent that all Parents will have substantial and continuing contact with the child(ren). If we maintain two separate households then it is our intent that we will divide the child(ren)'s time approximately equally between the two households: however, we understand that physical custody may vary over time depending on the best interests of the child(ren). The child(ren) shall primarily reside with the biological mother, ____________________ , during the first 6 months of the child(ren)'s life. After the child(ren)'s 6 month birthday, s/he(they) shall reside with the biological father, ____________________ , a minimum of three days per week which would include every other weekend. We agree that we will alternate by holiday and by year the following: Birthday, Halloween, Thanksgiving, Hanukkah, Christmas Eve, Christmas Day, President's Day, Passover, Easter, Memorial Day, 4th of July, Labor Day.

    11. For tax purposes the legal (biological) parents, ____________________ and ____________________ , will alternate years for claiming "Head of Household", the child as dependent and using the child care credit unless otherwise agreed upon by the Parents. ____________________ will have even numbered years and ____________________ will have odd numbered years. Earned income credit can be claimed by the legal (biological) parents ____________________ or ____________________ when applicable.

    12. We acknowledge and agree that all four parents will provide support to the child(ren) to the extent that we can, depending on our income. We shall pay routine costs for food, shelter, and clothing while physically caring for our child(ren).

    13. We will include the child(ren) in a health and dental insurance plan through one of our workplaces or through a private plan. We shall contribute to health care (including the health and dental insurance premiums), prenatal, childbirth, day care and educational expenses as follows:

    a) When incomes are approximately equal (+/- 10%), each shall contribute an equal amount.

    b) When incomes are not equal we will contribute proportional to our respective incomes. We acknowledge that physically caring for the child has monetary value since care not voluntarily provided would have to be purchased on the open market.

    c ) Any expenses related to the items mentioned above would be subject to mutual agreement before implementation.

    14. If the biological mother, ____________________ , is unable to work for a period of time due to pregnancy, or during the first six months after the child(ren)'s birth, and thereby suffers a decrease in her income, the other parents shall bear a larger share of the child support and related expenses with the exact amount based on the mother's monthly expenses. This amount will not exceed ___________________.

    15. The Parent each will separately have authority to authorize consent for Medical, Surgical, or Dental Examination or Treatment of their child(ren) to any person(s) in whose care the child(ren) is/are temporarily placed. The legal (biological) parents, ____________________ and ____________________ will seek to have legal medical power of attorney drawn up so that the non-biological parents, ____________________ and ____________________ will be able to act with appropriate speed in case of an emergency and neither of the legal (biological) parents is available. The Parents agree that circumcision is a form of child abuse and none of the Parents may consent for that procedure to be performed on any child(ren).

    16. In consideration of the ongoing support of the minor child(ren), both the Parents will hold life insurance policies in the amount of $____________, designating each other as beneficiary in trust for the child(ren).

    17. Except as set forth in this agreement the Parents waive rights to child support. We are fully informed of the right to child support and are not acting under coercion. In addition, neither of us is receiving AFDC nor expects to in the future. We believe the financial needs of our child(ren) will be adequately met by this agreement and have made it in the child(ren)'s best interests.

    18. In the event of the death or permanent mental impairment of one of the legal parents then this document nominates for partial or full guardianship the surviving domestic partner of the deceased or disabled parent.

    19. The Parents each agree to write a will designating the child(ren) to receive a share of their estate.

    20. The biological mother, ____________________ , agrees to seek all prenatal medical tests that are appropriate as recommended by her gynecologist and agreed upon with the other Parents. An amniocentesis has been agreed to be done. The Parents will discuss test results and reach a mutual decision in regard to these results. The Parents agree that if the test results indicate that the child will be born with Down Syndrome or a similar type of severe disability it would be the their intention, as of the signing of this agreement, to terminate the pregnancy. If the biological mother, ____________________ , decides to bring the pregnancy to full term then we all agree to seek counseling to deal with the inevitable emotions this change will bring.

    21. If any dispute or problem arises between us regarding some aspect of this contract in caring for the child(ren), we agree to seek counseling and/or professional help to resolve those problems. The child(ren) shall be involved in this process to the maximum amount consistent with their age at the time. In the event a resolution cannot be reached by the above a more formal mediation procedure will be followed.

    a) Mediation - We will engage in three (3) sessions of mediation in good faith in a attempt to resolve our disputes. How the cost of the mediation is divided will be decided during the course of the mediation.

    b) Binding arbitration - We agree that, should the above mediation be unsuccessful, we shall submit to binding arbitration. We understand that, by agreeing to binding arbitration, the decision of the arbitrator will be final and we will not have the right to have the decision reviewed in a court of law. Binding arbitration shall be according to the following procedure:

    i. The request for arbitration may be made by any parent and shall be in writing and delivered to the other parents;

    ii. Pending the outcome of arbitration, there shall be no change in the language of this agreement;

    iii. The arbitration panel that will resolve any disputes regarding this agreement shall consist of five persons - one person chosen by each parent and one person chosen by the other four panel members. By mutual agreement this number can be reduced to three;

    iv. Within fourteen (14) days following the written arbitration request, the arbitrators shall be chosen;

    v. Within fourteen (14) days following the selection of all members of the arbitration panel, the panel will hear the dispute between parties;

    vi. Within seven (7) days subsequent to the hearing, the arbitration panel will make a decision and communicate it in writing to each party.

    vii. The Parents agree that the arbitrator(s) will decide who pays the costs of the arbitration.

    viii. The Parents agree that both will request the arbitration panel to consider the best interests of the child(ren), if the dispute involves child(ren), as paramount importance, outweighing the interests of any Parent;

    ix. The above process may be forsaken and an existing Gay and/or Lesbian arbitration panel may be used should both Parents agree to submit the dispute to them.

    22. We acknowledge and agree that we signed this agreement voluntarily and freely, of our own choice, without any duress of any kind whatsoever. We further acknowledge that we each have been advised to secure the advice and counsel of an attorney of our own choosing, and that we each understand the meaning and significance of each provision of the agreement.

    23. This agreement contains our entire understanding. There are no promises, understandings, agreements, or representations between us other than those expressly stated in this agreement.

    In a spirit of cooperation and mutual respect, it is our clear strong intention to raise loving, caring child(ren) simply and harmoniously. The parties have executed this agreement on __________________________ in the City of ____________________ , California.

    _______________________________           ______________________________
    
    Biological Mother Non-biological Mother

    _______________________________ ______________________________
    Biological Father Non-biological Father

    _______________________________
    Witness

    Sample Known Donor Contract

    This agreement is made by and between ________________________ and _________________________ hereafter the Donor and Recipient, respectively, who may also be referred to herein as the "parties".

    The Donor and Recipient agree as follows:

    1. Each clause of this agreement is separate and divisible from the others and, should a court refuse to enforce one or more clauses of this agreement, the others are still valid and in full force.

    2. The Donor has agreed to provide his semen to the Recipient for the purpose of known donor insemination. The parties have further agreed that the Donor's semen may be frozen at the time of donation and may be used by the Recipient at a subsequent time. However, the frozen semen remains the property of the Donor and its use for insemination may be stopped any time the Donor deems appropriate.

    3. In exchange for the Donor's services the Recipient agrees to pay the sum of $______ or one ice cream cone in lieu of cash to the Donor should the Recipient become pregnant and come to full term. The ice cream is to be chosen by the Donor.

    4. Each party is unmarried, identifies themselves primarily as homosexual and may have a domestic partner or significant other of their same sex.

    5. Each party acknowledges and agrees that the Donor is providing his semen for the purpose of known donor insemination and does so with the clear understanding that he will not demand, request or compel any guardianship, custody or visitation rights with any child(ren) born from this known donor insemination procedure. Further, the Donor acknowledges that he fully understands that he will have no parental rights whatsoever with said child(ren). 6. Each party acknowledges and agrees that the Recipient relinquishes any and all rights she might otherwise have to hold the Donor legally, financially or emotionally responsible for any child(ren) that results from the known donor insemination. The Recipient acknowledges that she is the solely responsible parent of the child(ren) of said known donor insemination. This parental responsibility may be legally shared by anyone of the Recipient's choice if, a partner of her choosing, legally adopts the child(ren). The Donor need not be consulted nor is his approval required for such an adoption.

    7. The purpose of this agreement is threefold. To protect the interests of both the Recipient and Donor and to attempt, in so far as possible, to act in the best interests of the child(ren) that may result of any insemination. Therefore, the child(ren) may at any time, with the consent of their parent(s), request to meet and form a friendship with the Donor. As is true with all friendships a minor forms, the Donor's friendship with the child(ren) is subject to parental review. To restate here: Both parties recognize that the Donor is not the child(ren)'s parent. Yet, because of the unique relationship that the Donor has with the child(ren) it is hoped that such a friendship, initiated by the child(ren) or their parent(s), would be open and cordial. This relationship, if a close one, may be most similar to the relationship a child has with an uncle.

    8. Each party acknowledges that the Donor will not be named as the father on the birth certificate(s) of any child(ren) born from the insemination procedure.

    9. Each party acknowledges and agrees that the relinquishment of all rights, as stated above, is final and irrevocable. The Donor further understands that his waivers shall prohibit any action on his part for custody, guardianship or visitation in any future situation, including in the event of the Recipient's disability or death.

    10. Each Party acknowledges and agrees that any and all disputes pertaining to this agreement which arises between them shall be submitted to mediation and if that is unsuccessful then to binding arbitration according to the following procedures:

    Mediation

    a) The request for mediation may be made by either Party and shall be in writing and delivered to the other Party;

    b) The mediation shall take place in the state and county chosen by the Recipient;

    c) Pending the outcome of the mediation there shall be no change in the language of this agreement;

    d) The mediator will be either mutually agreed upon or if there is no agreement then each Party will choose one person, these two people will meet and choose the mediator;

    e) If the dispute is not resolved after four mediation sessions then the issue will be submitted to Binding Arbitration;

    Binding Arbitration

    a) The request for arbitration may be made by either party and shall be in writing and delivered to the other party;

    b) The arbitration shall take place in the state and county chosen by the Recipient;

    c) Pending the outcome of the arbitration there shall be no change in the language of this agreement;

    d) The arbitration panel that will resolve any dispute regarding this agreement shall consist of three persons: one person chosen by each party and the third person chosen by the other two members of the panel;

    e) Within twenty-one (21) calendar days following the written request for arbitration, the arbitrators will be chosen;

    f) Within twenty-one (21) calendar days following the selection of all members of the arbitration panel, the panel will hear the dispute between the parties;

    g) The parties may be present or may send a representative if they are unable or choose not to attend;

    h) Within seven (7) days subsequent to the hearing, the arbitration panel will make a decision and communicate that decision in writing to each party;

    i) The arbitration panel will also decide how the cost of the arbitration will be divided between the parties and that decision will be communicated in writing to the parties at the same time as their decision;

    j) The above process may be forsaken and an existing Gay and/or Lesbian arbitration panel may be used should both parties agree to submit the dispute to them.

    11. In the event that either Party refuses to abide by the binding arbitration defined above and brings a lawsuit, the Parties agree that both will request the court to consider the best interests of the child(ren), if the dispute involves child(ren), as paramount importance, outweighing the interests of either Party. The Parties also agree that attorney's fees and costs shall be awarded to the prevailing Party.

    12. Each party acknowledges and agrees that s/he signed this agreement voluntarily and freely of their own choice, without any duress of any kind. It is further acknowledged that each party has been advised to secure the advice and consent of an attorney of their own and that each party understands the meaning and significance of each provision of this agreement.

    13. Each party acknowledges and agrees that any changes made in the terms and conditions of this agreement shall be made in writing and signed by both parties.

    14. This agreement contains the entire understanding of the parties. There are no promises, understandings, agreements or representations between the parties other than those expressly stated in this agreement.

    15. Each party acknowledges and agrees that the use of a medical facility under the supervision of a licensed physician to receive the semen donation was chosen to avoid any finding that the Donor is the legal father of the child(ren) pursuant to California Family Code 7613(b). Additionally, the parties further understand that contact between the child(ren) and the Donor, regardless of how extensive, shall not be deemed as a waiver of California Family Code 7613(b). Consistent with that purpose, each party has executed this agreement with the purpose of clarifying her or his intent to release and to relinquish any and all rights she or he may have to bring suit to establish the paternity of any child(ren) conceived through this procedure of artificial insemination. The parties understand that Known Donor contacts, such as this, have not, as yet, been interpreted by the courts and they understand that the courts may find that the California Family Code 7613(b) may not be apply. Each party understands that some attorneys in the field of family law feel that the courts may find that if the Donor takes on a parental role that such conduct may cause the courts to find the above family code does not apply. The parties understand that this is conjecture and that this will be decided only when and if the courts rule on Known Donor contracts.

    16. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable; the rest of this agreement shall remain in full force and effect and in no way shall be impaired or invalidated.

    The parties have executed this agreement in the City of _______________________, County of ______________________, State of California on the ____ day of ______________________, 199_ .


    ______________________________ ______________________________
    Donor Print Name


    ______________________________ ______________________________
    Recipient Print Name


    ______________________________ ______________________________
    Witness Print Name

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