What are the Legal Facts for using a Known Sperm Donor?
With a known donor 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.
Those considering a known donor agreement are often concerned about who will be considered 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.
The laws are continuously evolving for donor conceived children and co-parenting agreements and therefore a co-parenting agreement is not legally binding however it is considered a good idea as it can help in court if a dispute arises. There are many good solicitors who deal in family law and it is recommend anyone considering a co-parenting agreement seeks legal advice.
3 Simple Legal Facts when Using a Known Sperm Donor:
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If you donate sperm through a fertility clinic you will not have any parental rights or responsibilities.
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If you are single and conceive via home insemination your known sperm donor will be the child’s legal father.
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If you are married and conceive at home, 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.
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What if I donate sperm through a licensed clinic?
As a known donor if you approach a clinic with your female sperm recipient, whom you are not married to, you would have no legal rights or responsibilities as a parent. However you can agree with your recipient for your name to go on the birth certificate however there would be no legal obligation to place your name on the certificate.
Naming a known 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.
What rights do lesbian couples have if they conceive with a known 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 known 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 notbe 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 known 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 is open 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 toall aspects of the involvement such as a co-parenting arrangement and state anydecision making processes to do with the child’s upbringing such as contact rights, religion, schooling, country of residence etc....
Licensed clinics for sperm donation
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.
Related Articles:
Legalities of using an anonymous donor
Legalities of co-parenting
Legal facts for sperm recipients
Legal Facts for Sperm Donors