6.13 If the child is conceived with gametes from a known donor, the cause of the agreements is even stronger. In Re Patrick, the lack of a preliminary agreement made the decision of the Court of Justice more difficult, which must hear lengthy evidence and decide credibility issues in order to determine the parties` intentions with respect to the involvement of the donor father. If this is said, the existence of an agreement will not necessarily resolve all disputes, as the facts of P/K.  6.26 When considering the potential for gamete donation and surrogacy agreements, the proposals contained in the Law Commission report on adoption law reform are instructive. The report proposed the development of a parenting plan between the parents of birth, which would outline their agreement on issues such as the exchange of information and photos, contact between the child and the birth parents and other family members, as well as succession issues.  The Commission found that the arguments for and against the application of a parental plan were balanced, but ultimately recommended that, in the interests of the stability of the adoptive family, it would not provide access to justice to enforce a plan.  The Commission recommended that brokerage services be provided to resolve disputes.  Before an education plan could be registered, the Court of Justice should be satisfied that the parties received independent legal advice or that the plan had been developed after consultation with a family counsellor and children. The lawyer or counselor should confirm this in writing.  – an arrest warrant for the enforcement of custody or access rights granted by convention cannot be issued;  6.10 Courts in the United Kingdom recognize parental responsibility agreements between single parents or between parents and in-laws of a child.  Parental responsibility agreements must be entered into in a prescribed form and assign parental responsibility to the single father or in-laws.
6.23 Agreements could define the rights and responsibilities of a wider group of people than just social parents, surrogates and all gamete donors. Some persons involved in the conception or surrogacy of donors and who currently have no place in the care or upbringing of a child may, by mutual agreement, be given a role in the child`s life. These include: 6.6 The Child Custody Act, which, if passed, would replace the Guardianship Act 1968, contains new provisions on agreements and their applicability. Article 41 provides that agreements between parents or legal guardians cannot be enforced, although some or all of the terms of the agreement relating to education, day-care or contact with a child may be included in a court decision and applied accordingly.  Section 41 does not deal with agreements between persons other than parents or legal guardians. However, parents and guardians can ask the family court to formalize an education contract by turning the agreed terms into a court decision. The agreement can then be applied like any court decision. 6.25 There may be practical difficulties in requiring donors and beneficiaries to meet and sign an agreement. Sperm donation may have been made years ago. The parties can live very far apart.
There may be an aversion for the recipient to meet a potential sperm donor if the treatment cannot lead to conception or if the woman can stop treatment.