Married and unmarried couples
The law protects married and unmarried couples conceiving with donor eggs or sperm. Find out more about how the law applies if you are:
Donor conception: birth certificates
When you register your child’s birth, you are under no obligation to notify the registrar of the circumstances of the conception, and your child’s birth certificate does not indicate that your child is donor conceived.
During the passage of the Human Fertilisation and Embryology Act 2008 there were extensive discussions about whether the fact that a child is donor conceived should be indicated on his or her birth certificate. However, the idea was rejected by Parliament, although the government has said that the issue will be reviewed again by the end of 2012.
Click on the links below to read some of the Parliamentary debates:
As the law stands, you have no legal obligation to tell your child that he or she was donor conceived; parents are free to make their own decisions about whether, and how, to tell their children about their biological origins. However, from 1 October 2009 the law requires treatment providers to give recipients information about the importance of informing their child at an early age that they are donor conceived. The Donor Conception Network provides invaluable information, advice and support to parents of donor-conceived children and can help with these issues.
Donor conception: conceiving abroad
English law on parenthood applies no matter where in the world you conceive. Provided that your personal status means that UK law applies, you should be in no different a position whether you conceive in the UK or abroad.
However, only conceptions that take place in the UK are recorded by the Human Fertilisation and Embryology Authority (HFEA), giving your child, in later life, the right to find out more about your egg or sperm donor and his or her genetic half siblings (find out more about these rights). Conceptions with donor eggs or sperm that take place outside the UK are not recorded by the HFEA, so conceiving abroad can limit your child’s ability to find out information about the donor and any siblings in later life.
Donor conception: in a complex marital situation?
The parenthood rules can have unforeseen effects if you are in a complex marital situation.
For example, if you are a woman conceiving through IVF with a new partner, and you remain married to your former husband, the law makes your husband your child’s father and excludes the status of your partner even though he is your child’s biological father.
The law in relation to such situations is complex and depends on your particular circumstances. Always seek legal advice before proceeding with treatment.
How we can help
Contact us if you would like us to:
- Advise you on how the law applies to you
- Advise you on the legal position of a known donor and put in place paperwork to provide protection if you are conceiving at home
- Represent you in any dispute if you separate, or in any dispute with a known donor
- Prepare wills for you.
