You found a donor. You trust them. They signed something. So the legal question is settled, right?
Not necessarily. If that “something” wasn’t drafted to Georgia’s legal standards, it may not protect your family the way you think it does.
This catches a lot of couples and single parents by choice off guard. There’s a form, someone signed it, and everyone moves forward assuming the legal groundwork is done.
Why the Donor Agreement Is Only the First Step
What a Donor Agreement Actually Does
A donor agreement puts in writing that the donor intends to give up any parental rights or claims to the child or genetic material, and that you, the intended parent or parents, are the child’s legal parents. It also sets expectations around contact, medical history, and financial responsibility.
But here’s the catch. How well that agreement holds up depends entirely on how it’s drafted and whether it lines up with Georgia law. A signature alone doesn’t do the heavy lifting.
What Happens When There’s No Agreement, or a Weak One
The Risk of a Donor Asserting Parental Rights
Georgia courts have seen cases where known donors, with no clear agreement in place, later sought visitation or custody. A donor agreement that documents intent clearly, at the time of conception, is one of the strongest tools available for preventing this. But it’s strongest when it’s drafted correctly and signed before conception. Agreements signed later can face additional legal hurdles which is exactly why timing is worth discussing with an attorney early.
What a Generic Online Template Usually Gets Wrong
Missing Georgia-specific language. No clear disclaimer of parental rights under state law. No provision for what happens if circumstances change down the road. A free template found in five minutes online can create a false sense of security that costs a lot more than five minutes to undo.
What This Typically Costs
Costs depend on how involved the arrangement is, but as a general range: a properly drafted known donor agreement typically runs a one or two thousand in attorney fees.
Securing Full Legal Parenthood After Conception
Spousal Adoption: A Discussion on Risks
Even with a solid donor agreement in hand, the parties should discuss with their attorney whether to pursue a Spousal Adoption to ensure their rights are secure in all states and in all circumstances. That includes travel, school, medical emergencies, and inheritance. The agreement lays the groundwork. The adoption finishes the job.
Want the full walkthrough of the spousal adoption process itself, step by step? See our companion guide, Spousal Adoption in Georgia: A Same-Sex Couple’s Guide, for the details on timeline, what to expect in court, and how it works alongside a donor agreement.
Timing Matters
Discussing donation documents and spousal adoption with a fertility attorney before conception is important.
How Claiborne Fox Bradley Goldman Helps
We’ve spent decades drafting donor agreements and completing second-parent adoptions for LGBT+ families across Georgia and North Carolina. Our LGBT Family Building page has more on how we coordinate both pieces, the agreement and the adoption, so nothing falls through the gap between them.
The Bottom Line
A signed form from a donor feels like protection. But it’s only as strong as the legal work standing behind it. The families who are fully protected are the ones who treated the donor agreement as the beginning of the legal process, not the end of it.
The families who avoid painful surprises later got the agreement right from the start and followed through with a spousal adoption. The ones who run into trouble assumed a signature was enough.
If you’re still in the planning stage or moving forward with a donor arrangement, now is the time to get this right. Whether you need a donor agreement drafted, a second-parent adoption completed, or both, our team can help you build your family on solid legal ground.
Schedule a consultation with Claiborne Fox Bradley Goldman today.
