craschworks

Human Rights Campaign  (hrc.org)
Family Pride Coalition (familypride.org)
Lesbian and Gay Parenting Handbook
April Martin

Judith Turkel
212 353 2200

Carol Buell
212 967 5710 (phone)
212 967 1336 (fax)
[email protected]
Weiss, Buell, and Bell
350 5th Avenue
Suite 2604
NY, NY 10118
Send her $500.00 by the end of the month. 

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Kelly, Bender Law Offices
(919) 870 9600

referred me to Deborah Weissman-Estis
Partner in Cohen, Estis, and Associates
(845) 2911 1900

1534 - Spoke with Todd Robinson

Said I needed to send
- agreement
- narrative, describing relationship, and respective rights/obligations
- $500 retainer ($225/hr * 3 hours) 

Todd Robinson
Cohen, Estis and Associates
40 Matthews St., Suite 203
Goshen, NY  10924
[email protected]
(845) 291 8601 (fax)

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Sharon Thompson
919 688 9646 (phone)
919 683 1395 (fax)
Laurie Scott (paralegal)
400 West Main St., Suite 502
Durham, NC
South Bank Building, 5th floor.
wwww.stlawgroup.com
Appointment for 3:00 p.m. May 13th.  $250.00 + time spent reviewing contract.

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PRECONCEPTION AGREEMENT

(FOR DONOR INSEMINATION BY A KNOWN DONOR)

This agreement is made between Jennifer Heidemann, prospective mother and here referred to as Recipient, of 25 Black Creek Road, Highland, NY and Christopher Rasch, prospective sperm donor and here referred to as Donor, of 1929-F North Hills Drive, Raleigh, NC.

Recitals

A. Recipient desires to have a child through artificial insemination, using sperm donated by Donor.

B. Donor desires to donate sperm to recipient to enable her to have a child through artificial insemination.

C. Recipient understands that pregnancy involves risks such as miscarriage, difficult delivery, and birth defects in the child, and that such risks attach to conception through artificial insemination as well.

D. Recipient is not married.

Therefore, the parties agree as follows:

SECTION ONE

MEDICAL EXAMINATION AND TESTING

Prior to donating sperm to Recipient, donor agrees to undergo a complete physical and genetic examination to be performed by a licensed physician of Donor’s choice, if so desired by Recipient. In addition, Donor agrees to be tested for venereal disease and Human Immunodeficiency Virus (HIV), if so desired by Recipient. A copy of the results of the examinations and testing shall be provided to Recipient prior to insemination. Donor agrees to give true and complete answers to all questions asked by the examining physician regarding the Donor’s health and background. In the event that such examination and testing reveals that Donor has a venereal disease, is HIV positive, or may transmit a genetic defect, Recipient may cancel this agreement by giving notice of such cancellation to Donor.

SECTION TWO

SPERM DONATION

Donor agrees to provide semen to Recipient for artificial insemination 2 times per month, on consecutive days, for a period of six (6) months. Donor agrees to abide by any reasonable medical requests related to sperm donation. Donor also agrees to practice ‘Safe-Sex’ during the donation period or obtain truthful and accurate, negative venereal disease and HIV test results from the intended partner. If after six months, conception has not occurred, Recipient may cancel this agreement and seek out alternative methods.

SECTION THREE

DONOR’S FEES

All test, travel, instrument and material costs incurred by Donor will be paid by Recipient, either through reimbursement or prepayment. Donor agrees not to incur any expenses prior to Recipient’s consent. For Donor’s time and inconvenience, Recipient agrees to buy Donor one ice cream cone, size, flavor and toppings of Donor’s choosing.

SECTION FOUR

CONCEPTION

Recipient will notify Donor upon conception. Recipient agrees not to partake of any tobacco, alcohol, illegal drugs or any other substances harmful to the fetus. Recipient agrees to maintain a healthy lifestyle.

Recipient agrees to seek all prenatal medical tests that are appropriate as recommended by Recipient’s physician. Recipient and Donor will discuss test results and reach a mutual decision in regards to the results. Recipient and Donor both wish for the pregnancy to be terminated in the event of the child being born with Down Syndrome or a similar type of severe disability. If the Recipient decides to bring the pregnancy to term, Donor may elect to forfeit parental rights as outlined in this agreement. If unable to reach a mutual decision Recipient and Donor agree to seek counseling to facilitate a decision. Recipient will pay for all pre-natal medical expenses including childbirth.

SECTION FIVE

PATERNITY

Donor has a right to attend the birth if desired. No video cameras, no cheerleading. Recipient’s significant other may have his/her name on the birth certificate as the father, if he/she so desires. Donor’s name will be on the birth certificate if the Recipient’s significant other opts not to have his/her name on the birth certificate. Donor has the right to change his mind and opt for ‘unknown’ on the birth certificate, if desired.

The parties agree that Recipient shall disclose the child’s parentage to the child when the child reaches the age of three (3) or when the child starts questioning his/her parentage, which ever is first. At no point do either party wish to conceal parentage in order to prevent future psychological harm or confusion to the child. Donor may opt to be present, if physically possible.

SECTION SIX

CUSTODY

Recipient will have sole custody of the child and Donor will retain parental rights, if desired (see Section Seven, Visitation). Donor agrees not to pursue child custody for any reason other than the case of danger to the child’s well-being. If Donor believes the child to be in danger (mental, sexual, emotional and/or physical) he may request a review of the child’s environment by a social worker. If it is determined by the social worker that the child is in an unhealthy environment, then the custody will be transferred to Recipient’s parents or brother. If either cannot assume custody, then Donor will assume custody and Recipient and Recipient’s parents will have reciprocal visitation rights (see Section Seven, Visitation).

SECTION SEVEN

VISITATION

Early childhood (years 0-6):

Recipient agrees Donor will be allowed to attend the following family holidays/ celebrations if he so desires:

Christmas

Easter

Thanksgiving

Child’s Birthday

Halloween

July 4th

Memorial Day

Labor Day

President’s Day

Donor’s Birthday

Childhood (6+ years):

Recipient agrees Donor will be allowed to attend the family holidays/ celebrations, as listed above. Donor will also be able to take the child on trips, when school is not in session, up to 14 days per trip and not more than 30 days total per year, if he so desires.

In all instances, Donor agrees to give Recipient reasonable notice prior to visiting, at least 24 hours.

Donor’s parents may also have the right to visit up to 14 days per year including the above named family holidays/ celebrations, giving Recipient reasonable notice prior to visiting, at least 24 hours.

If Donor’s and/ or Recipient’s religious belief’s change, the visitation rights named above will not change. Both parties agree not to impose religious restrictions or requirements during the time the child is visiting the Donor. Donor agrees to make reasonable effort to accommodate any religious restrictions or requirements.

SECTION EIGHT

CHILD SUPPORT

Recipient agrees not to sue Donor for child support. If Recipient sues Donor for child support, or if Donor is sued by a government agency for such support, then visitation right will be re-negotiated at that time. Donor agrees not to claim child as an income tax exemption unless Donor is paying child support. If Donor is paying chid support, Recipient agrees not to move without

prior written consent.

SECTION NINE

GUARDIANSHIP / INHERITANCE

In event of Recipient’s death the child’s guardianship will be determined by Recipient’s Last Will and Testament. Donor waives the right to challenge Recipient’s Last Will & Testament. If there is no pre-existing Last Will and Testament the child’s custody will transfer to the Recipient’s parents or Brother. If Recipient’s parents and brother are deceased or unable assume custody, the custody will transfer to the Donor. Donor, Donor’s parents and Recipient’s parents will retain all visitation rights regardless of the child’s custody.

The child will not have a claim on Donor’s estate except as stated in Donor’s Last Will and Testament. The Last Will and Testament, once written, will supercede this agreement with respect to inheritance.

SECTION TEN

CONTACT

Recipient and Donor agree to maintain contact information (address, e-mail and phone numbers) with the other party at all times. If either should move, each party agrees to provide new contact information within 30 days.

SECTION ELEVEN

DISPUTE RESOLUTION

Each party acknowledges and agrees that any and all disputes pertaining to this agreement which arises between them shall be submitted to mediation. If unsuccessful, then the dispute will be submitted to arbitration. The terms and conditions of mediation and arbitration will be determined when and if disputes are submitted.

Should any legal dispute arise outside of arbitration, the dispute will be resolved according to the laws of the child’s legal residence.

SECTION TWELVE

SEPARABILITY

In the event that any portion of this agreement is held invalid or unenforceable, the remaining portion of this agreement shall continue in effect.

Each party acknowledges and understands there are legal questions raised by the issues involved in this agreement which have not been settled by statue 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 this agreement and clarify their intent that existed at the time the artificial insemination was implemented by them.

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

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.

Each party acknowledges and agrees that he or she signed this agreement voluntarily and freely,

of his or her own choice, without duress of any kind. It is further acknowledged that each party has been advised to secure the advise and consent of an attorney of his or her own choosing, and that each party understands the meaning and significance of each provision of this agreement.

Signature of Recipient Date

Signature of Donor Date

SPECIAL ACKNOWLEDGEMENT

I certify and acknowledge that Christopher Rasch is personally known to me, and presently resides at: 1929-F North Hills Drive, Raleigh, North Carolina 27612.

Subscribed and sworn to before me this __________ day of _____________________, 200__.

My commission expires: ___________________________

Notary Public: __________________________________________________

Name (type or print)

__________________________________________________

Address

__________________________________________________

City, state, zip [ NOTARY SEAL]

I certify and acknowledge that Jennifer Heidemann is personally known to me, and presently resides at: 25 Black Creek Road, Highland, NY 12528

Subscribed and sworn to before me this __________ day of _____________________, 200__.

My commission expires: ___________________________

Notary Public: __________________________________________________

Name (type or print)

__________________________________________________

Address

__________________________________________________

City, state, zip

[ NOTARY SEAL]