Known sperm donation and legal parenthood
Donation from a known sperm donor can be complex from a legal perspective, particularly in relation to determining who a child’s legal parents are. When sperm donation is made through licensed fertility clinics in the UK, legal frameworks are in place to protect donors, recipients and donor conceived children. Sperm donation outside of regulated spaces lacks these protections.
Recent reports have highlighted concerns surrounding matching services, including those accessed through apps and other platforms. You may have seen reports about new apps that seek to match potential sperm donors to individuals on a private basis which offers no legal protection to any party involved.
There have been cases in the Family Court system which have been reported involving known sperm donors, indicating that this remains a common and ongoing practice. It is important that everyone embarking on this process is aware of the implications.
What are the risks?
A child can have a maximum of two legal parents. It’s important to understand who a child’s legal parents are, as legal parenthood has a significant impact on matters such as a child’s nationality, inheritance rights and financial responsibility.
In the UK, a sperm donor will not generally be treated as a legal father if the donation occurs in a regulated and licensed fertility clinic and the correct legal requirements have been complied with. The added benefit of undertaking this via a fertility clinic is that tests are undertaken on the sperm to ensure it is viable and ‘healthy’.
When individuals and couples receive fertility treatment in a regulated fertility clinic and use donor sperm from someone they know, generally the sperm donor will not assume legal parenthood and the birth parent’s spouse or partner can become that child’s legal parent. The mechanism for securing legal parentage for the non-birth parent depends on whether or not the couple are married (or in a civil partnership). If the couple are unmarried, then certain forms must be completed prior to conception to secure legal parentage for the non-birth parent.
Some people choose not to conceive with the help of a fertility clinic, and make private arrangements with sperm donors, with the conception taking place at home. Those embarking on this journey must be aware that the position regarding legal parenthood does become significantly more complex. We have seen a rise in parents, as well as private sperm donors, seeking legal advice after the event as relationships have broken down and they had not known about the implications of their arrangement before conceiving. One important fact to note is that if the child results from intercourse, then the legal parents will be the two individuals involved in that conception – intercourse is not sperm donation.
Depending on the specific circumstances, sperm donors could be considered as a legal father of the child conceived as a result of their donation and as such could assert that they have rights and responsibilities over any resulting child. The sperm donor could also assume financial responsibility for the child, including the liability to pay child maintenance. These unintended consequences of private sperm donation, outside of regulated spaces, have come to the surface for many families and caused a great deal of stress for them.
Another factor to be aware of is that fertility clinics limit the number of families who can use sperm from an individual donor. In private arrangements, there are no such restrictions and a resulting child could find themselves a half-sibling to any number of other children. You may have seen the recent news coverage regarding Robert Charles Albon who fathered more than 180 children via private, unregulated sperm donation and how he sought to obtain parental rights over some of the children. The Family Court does not usually name individuals in proceedings in this way, but the Judge determined that it was in the public interest to do so.
Recommendation
It’s recommended that any prospective parent embarking on using donation as a pathway to parenthood obtain early legal advice - particularly if they are contemplating a private sperm donation arrangement.
The consequences can be significant and far reaching, which will not just impact the individuals wanting to conceive, but also any resulting children.
It is important that the implications of such arrangements are discussed from the outset to ensure clarity and to avoid potential legal pitfalls where possible.
The safest route is to use a licenced UK fertility clinic.
