Married and unmarried couples: conceiving with donor sperm
Protection is given to fathers following sperm donation, although different rules apply depending on whether you are married or unmarried at the time you conceive.
Married couples
If you are a married father conceiving with donor sperm, you will be your child's legal father if your wife conceives artificially, unless it is shown that you did not consent.
You can both be named on the birth certificate (as mother and father) and will have full and equal status and joint parental responsibility, in exactly the same way as if you were both your child's biological parents.
If you conceive at home, it is prudent to draw up some legal paperwork to confirm the circumstances of conception. The law will not protect you if your wife conceives through sexual intercourse, and the facts may be difficult to prove later on if a dispute arises.
Unmarried couples
If you are an unmarried father conceiving with donor sperm, you will be your child's legal father provided that your partner conceives at a UK licensed clinic and you both sign the relevant HFEA consent forms. The consent forms are conclusive, so make sure that you sign them before you conceive (and withdraw them if you no longer want them to apply).
The law is slightly different for children conceived before 6 April 2009. Under the old law, unmarried couples merely had to be having treatment together for the father to be treated as the legal father. The consent forms were not in themselves conclusive.
Just like any other unmarried father, you will have parental responsibility automatically only if you are named on your child's birth certificate. If you are not named on the birth certificate, you can acquire parental responsibility, either by signing an agreement with your childs mother or by applying to court.
