Considering Donor Conception? Consider Taking Legal Advice

Published date21 April 2021
Subject MatterFamily and Matrimonial, Family Law
Law FirmBurgess Mee
AuthorMs Natalie Sutherland

Part 1: Legal Parenthood.

If you are considering building your family through donor conception, chances are you have already travelled a long road of infertility or perhaps you are a same sex couple where donor conception is something you have come to quite naturally. However you reach the decision to use donor eggs, donor sperm, both donor eggs and sperm or even a donated embryo, we set out below why it is imperative that you obtain specialist legal advice before conception

When considering donor conception there will be many decisions to make, and these will have personal as well as legal consequences. Knowing and understanding those legal consequences is vitally important. Talking to a lawyer in the early stages of your donor conception journey will ensure that you make all the decisions which are right for you and your growing family.

Sperm donation: legal parenthood status when using licensed fertility clinics vs home insemination.

Engaging in fertility treatment is expensive. These costs may be prohibitive to you, leading you to consider the home insemination route. However, before making this decision, you should understand the legal consequences which flow from this, depending on your specific family set up.

Solo Mums:

The main difference between using a licensed clinic or home insemination as a solo mum, is the legal status of the sperm donor. When using a licensed clinic, the sperm donor (whether known or unknown) will not be a legal father to the resultant child. His name will not appear on the birth certificate and he will have no rights to be involved in the child's life. He will also have no financial responsibility to the child. Essentially, the solo mum will be able to bring the child into her family without any concerns that the sperm donor will have any legal rights to the child.

The marital status of the solo mum is, however, important. The above scenario assumes the solo mother is unmarried. However, if the solo mother is married or in a Civil Partnership, then the law will treat her spouse or Civil Partner as the other legal parent unless it can be shown that the other legal parent did not consent to the insemination. Consider, therefore, whether insemination should commence after a divorce or dissolution or what evidence you have as to the spouse's objection.

When the solo (not married or civil partnered) mother conceives using donor sperm at home, then the legal status of the sperm donor is different. In this scenario, the sperm...

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