What are the Legal Facts I Need to Know before Choosing a Sperm Donor?
If you are thinking about having a baby by sperm donation you can conceive either through a licensed fertility clinic, by home insemination or natural insemination. The laws around parental rights and responsibilities are very different depending on which of these options you choose so make sure you consider your options carefully.
Those considering becoming pregnant by sperm donation are often concerned about who will be classed as the legal parents of the child. If the woman who is giving birth is married then, in most cases, the couple are automatically protected and the partner will be legally classed as a parent.
If you are not married then the woman who is carrying the baby can choose either the sperm donor or the partner to be named on the birth certificate. Depending on how the baby was conceived i.e. through a licensed clinic or home/natural insemination, this person would then become the child’s legal parent.
As a sperm recipient you can choose to conceive either through a licensed fertility clinic, by home insemination or natural insemination. The laws around parental rights and responsibilities are very different depending on which of these options you choose so make sure you consider your options carefully.
3 Simple Legal Facts if you are Using a Sperm Donor:
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If you receive donated sperm through a fertility clinic you will not be classed as the child’s legal father and will not have parental responsibility.
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If you are a a single woman receiving sperm via home insemination it is very likely that your sperm donor will have legal parental responsibility to the child. You can choose either the sperm donor or your partner to be named on the birth certificate.
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If you are a married couple (lesbian or heterosexual) receiving sperm via home insemination there is a chance that your sperm donor could have legal parental responsibility to the child. However in most cases if you are the woman who is giving birth and you are married, you and your partner are automatically protected and your partner will be legally classed as a parent.
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What if I get my sperm from a sperm bank or fertility clinic?
Your donor would have no legal rights or responsibilities as a parent. However when any resulting child born through sperm donation at a clinic reaches 18 years of age, he or she will have the legal right to gain information on their donor and indeed any other children born as a result of that donor.
There is a thorough screening and testing process by medical professionals on donor sperm which includes a six month quarantine period for the sperm before it can be released for fertility treatment.
What are the Legal Facts for Lesbian Couples if they conceive with a sperm donor?
The law currently indicates that if the lesbian couple are married your donor or co-parent will not be the legal father if you conceive through a fertility clinic. If you are not married you can choose to have your partners name on the birth certificate and your partner will be seen as the child’s second parent and your donor will not be your child’s legal father.
If you conceive at home and are married, in most cases providing a legal donor contract is in place, the donor would not be considered the legal father and both partners can be named on the birth certificate as Mother and Parent. This would then mean your known donor would not legally be seen as the Father. The law around rights of married lesbians receiving donor sperm is complex and it is strongly recommended to seek specialist advice from a law firm prior to any insemination.
What legal rights do single heterosexual women and un-married lesbian couples have?
If you conceive via home insemination your sperm donor will be the child’s legal father. If you conceive through a licensed fertility clinic with a known sperm donor there is a possibility that the donor will be considered as the legal father however this is an emerging area and the decisions will be based on individual circumstance.
If the father is not named on the birth certificate he will have no parental or financial responsibility to the child. If you are not married you can choose to have your partners name on the birth certificate and your partner will be seen as the child’s second parent and your donor will not be your child’s legal Father. If you conceive at home and are married, in most cases providing a legal donor contract is in place, the donor would not be considered the legal father and both partners can be named on the birth certificate as Mother and Parent. This would then mean your known donor would not legally be seen as the Father.
What are the Legal Facts for Married Heterosexual Couples Conceiving with a Sperm Donor?
It may be that the husband in a married heterosexual relationship is having fertility difficulties and the couple choose to use a known sperm donor to conceive. In the UK there have recently been some cases challenging married couples who conceive with a known sperm donor and the donor’s right as the child’s legal father.
This is currently a very grey area of the law and therefore the law in these circumstances is not concrete and isopen for challenge as the natural father may apply for rights to the child’s upbringing and likewise the natural father may be pursued for child maintenance. In most cases, if you conceive at home and are married both the husband and wife can be named on the birth certificate as Mother and Father. This would then mean your known donor would not legally be seen as the Father.
Do I need a Legal Sperm Donor Agreement?
A written donor agreement is useful if a dispute arises however it may not be considered powerful enough in a court of law to resolve parental responsibility. The legal effect of your agreement will depend on your individual circumstances and the content of your agreement. You should try to clearly set out your agreements with regards to all aspects of the involvement such as a co-parenting arrangement and state any decision making processes to do with the child’s upbringing such as contact rights, religion, schooling, country of residence etc....
Should I Name a sperm donor on the birth certificate?
If you and your recipient agree to have the donor’s name on the child’s birth certificate it will give the donor parental responsibility. Parental responsibility will include financial responsibility and also could include the child’s right of inheritance from the donor in the event of death.
After someone has decided to go ahead, and have a child via sperm donation it is important to consider what kind of life that child will have, throughout the early years, growing up, or into adulthood, knowing that one, if not both of their parents, are not their biological family.
That is why you find more and more sperm donor children seeking their one, or both parents that they have not got to know the identity of in their younger life.
Can Children find their Sperm Donor Father?
Sperm donor children and adoptees often will go through a point in their life where they will ask questions without the intention of hurting those loved ones that did raise them. So what do you do when your child, a product of a sperm donor comes to you, looking for answers in biology regarding their own biology?
Children of adoption can relate to a portion of this, growing up knowing they are adopted, and that they have other ‘parents’ out there that gave birth to them, and that their mom and dad, whom were there with day and night wanted a baby, and were blessed with a child.
Recommendations are that you are open and honest with your child when you feel they are ready to handle that emotional responsibility. They will take it, breathe it in, mull it over, and go on; especially if this is introduced into their minds at a young age. The longer you wait the more deceit you are looking at unraveling later in their lives.
Why not contact us with your real life stories on telling your children about their sperm donor father.
Sperm donor children do have support groups out there for those who know they are from a biological one parent status. If your child is old enough to understand the ramifications of this kind of life, than a support group may be beneficial. If the sperm donation was anonymous, give that information to your child, this way they know, you have not willingly or knowingly held this information back. If you have yet to go through the process of using a sperm donor, take this into consideration, and maybe this can help you decide if anonymous is the way to go.
Should I pay my Sperm Donor?
If your donor is donating to you via a private arrangement i.e. by home insemination it is illegal to pay him for the sale of sperm. Donors are allowed to receive a reasonable contribution towards costs such as travel expenses.
Fees to Purchase Sperm from a Sperm Bank
If you purchase semen from a sperm bank you can expect to pay in the region of £700/$1000 or above plus shipment cost. Sperm banks are not cheap but only certain men meet the specific sperm donor requirements meaning the sperm you buy should be a good enough quality to stand you a strong chance of becoming pregnant .
Different donors will have varying costs due to the quality of their sperm meaning high sperm volume will be priced at a higher tier than semen containing less sperm so make sure you look at cost and quality.
Related Articles:
Sperm Donation Guide
Free Sperm
Private Sperm Donors
Known Sperm Donor Facts
Anonymous Sperm Donors