Thank you for your comment Samantha. This is a complex area of law and whether or not the donor is considered your child`s legal parent depends on the circumstances surrounding conception. I recommend contacting the office and making an appointment to explore this in more detail. May I ask if this advice should be provided by separate law firms for both parties? (Or would it be enough for both parties to have separate conversations with the same lawyer? Would it be recorded that both parties have developed an understanding of their rights and obligations? It is important to know that when a child is conceived through sexual intercourse (or “natural fertilization”), the biological father is always considered the legal father of the child, whether or not he is listed as the father on the birth certificate and regardless of any agreement between the parents. In such circumstances, if the mother has a partner, she cannot be the legal parent of the child, even if she is the spouse or life partner of the mother. On 1 April 2005, a new law on sperm donation entered into force. This law allows people conceived through sperm donation to know who their sperm donor was once they reach the age of 18. This “suspension of anonymity” law came into being after studies of adopted and sperm donated children revealed that they benefited emotionally from knowing who their biological parents were; whether they have had contact with them or not. We have a friend who offered to donate sperm on the condition that he remains completely anonymous (he already has children), is this possible or is it something we should disclose when the child turns 18? In the UK, one person`s sperm donation can be used in up to 10 families, says HFEA. Thank you for your comment Milo.
The law surrounding sperm donation and legal parenting/parental responsibility is very complex and I highly recommend that you specialise in specialist legal advice before conception. I am concerned that the action plan you are proposing will mean that you will not be considered the legal parent of your child. If I can help, please contact me directly. The recent case of MacDougall v. SW&Ors (sperm donor: parental responsibility or contact) [2022] highlights the risks associated with the use of donors found online. In this case, the sperm donor knew he had a genetic and inherited condition, fragile X syndrome (which causes a number of developmental problems, including learning disabilities and cognitive impairments), which prevented him from being a sperm donor through an accredited clinic due to medical screening regulations. The court`s decision concluded that the sperm donor had not taken responsibility for his health condition and the long-term effects this might have had on the children conceived as a result of his donation. It is important to be aware of the potential risks associated with using a known donor outside of a licensed clinic.
Yes, as long as sperm, eggs or embryos are available. You should talk to your clinic about using the same dispenser in the future. The reservation of sperm, ova or embryos may be subject to a fee. It is illegal to use an unknown sperm donor outside of an approved clinic. For this reason, an accredited clinic will often not allow semen samples to be taken home for insemination. The legal paternity of your child and the rights of the biological father depend on various factors. This is an important issue that needs to be addressed because it will impact your child throughout their minority and into adulthood. As this is a complex area of law, we recommend that you contact us to make an appointment so that we can give you appropriate advice for your particular situation. Hello. My husband and I are not able to get pregnant naturally. We don`t want to go down the IVF route.
However, a very close friend offered to provide us with his sperm. Do the rules change if the encounter is sexual intercourse or AI? Is it also possible for my husband and our donor to be listed as fathers on the birth certificate? And if so, what are the legal consequences? Thank you Sam If you use an unlicensed clinic to donate sperm, you are the legal father of any child born from your donation under UK law. The woman who gives birth is always the legal mother. However, it is possible that you are the legal father of the child with all the parental and financial responsibilities that this entails. It is also possible to limit the shelf life of your semen samples to less than the legal period of ten years or to consent to your sperm donations being used in insemination but not in IVF. It is also possible to set other conditions for the use of your sperm donation; However, none of them may discriminate on the basis of age, disability, gender reassignment, marriage or registered partnership, race, religion or sexual orientation. In practice, we will not be able to accept “unknown” sperm donors who want to impose too many restrictions on the use of their sperm samples. Thank you for your comment Olivia. If your child was conceived through sex, the father is the child`s legal parent, not a sperm donor.
The agreement you have entered into may still have probative value if there has been a dispute between you at a later date regarding the agreements for the child, but this depends on your particular situation (including the circumstances in which the agreement was made). If I can help you, do not hesitate to contact me. A sperm donor who is not the legal father has no financial responsibility and cannot be listed on the birth certificate. He can only apply to the family court for arrangements for the child (e.g. to grant access) unless the court gives him permission. In the case of Re G and Re Z (2013), two sperm donors who were not legal fathers were allowed to make requests for contact with their biological children because they had established a sufficient “bond” through prior contact. Learn more about the legal status of known donation and co-parenting agreements. Thank you for your comment Jane.
If you use an unknown donor at a regulated clinic, you are the only legal parent for your child and you will choose the last name that will appear on the birth certificate. This would normally be your last name. However, if you donate sperm at a non-HFEA licensed clinic or at home, you are considered the child`s legal parent unless otherwise stated on the birth certificate. If a sperm donor is found to have a serious genetic disease, should the clinic using the sperm be notified? Would they inform the parents of a resulting child? The short answer is no, the donor has no rights or obligations towards the child in this situation. If you only donate sperm to someone you know, it is possible to limit the number of families that can use your donated sperm to only one. In this case, you would be acting as a “known sperm donor” and the recipient would have to cover all costs associated with your recruitment and screening, as well as storing your samples. A legal father is financially responsible for a child, which means he can be sued for alimony even if he has no interest in the child. If a legal father is named on the child`s birth certificate, he also acquires parental responsibility, which gives him additional decision-making rights for the child and the right to file petitions with the court in the event of a dispute. Parental responsibility focuses on a parent`s duties towards a child and not on the parents` rights towards the child. This is different from legal parenting – a child can only have two legal parents, but there is no limit to the number of people who can have parental responsibility (although it is usually only the parents who have it).