What are the Legal Facts for Women using Sperm Donors?
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 through a licensed 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.
In fertility clinics 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. Choosing to conceive with an anonymous sperm donor through a clinic means the donor will have no legal rights or responsibilities as a parent.
Any fertility treatment you have and any resulting children born from that treatment will be kept on the clinics donor register. Although the donor will be anonymous to you, when your child reaches 18 years of age he or she will have rights to access the information on the donor register and can gain information such as the their name and address. The governing body will determine the maximum amount of donations a sperm donor will be able to provide for donor conception.
What rights do lesbian couples have 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 rights do single heterosexual women, single lesbians and un-married lesbian couples have using a sperm donor
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 rights do married heterosexual couples have if they conceive 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.
How useful is 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....
Naming a sperm donor on the birth certificate
If you and your known donor agree to have the donor’s name on the child’s birth certificate it will give your 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.
Will I need to pay for my sperm donor?
It is illegal to pay for or charge for the sale of sperm. Donors can receive contribution towards costs such as travel expenses and will be paid when donating through a sperm bank based on this type of expenses. The amount a sperm donor will receive can range from £15 per donation in the UK to $100 in the US. The laws around sperm donation pay are being reviewed in the UK.
Related Articles:
Legalities of co-parenting
Legalities of using a known donor
Legalities of using an anonymous donor