The Legal Nature of the Sperm Donation Contract and the Applicable Law

Development summary

This article addresses sperm banks and sperm donation as a route to parenthood for people who cannot have children naturally, and notes that under Turkish law the method is not available save in cases of medical necessity. The authors examine how the applicable law should be determined where a Turkish citizen uses assisted reproduction abroad, explaining that the legal nature of the sperm donation contract must first be identified and that any possible conflict between the applicable foreign law and Turkish public order must also be assessed.