An escalating trend involves couples and single parents exploring alternative avenues for gamete donation. This is often driven by the expenses associated with fertility treatments, concerns about donor anonymity regulations in other countries, and the accessibility of home insemination kits on popular e-commerce platforms. It’s important to note that individuals may enter into private donation arrangements without being aware that, if not executed properly, legal connections between the child and the donor could arise.
Who is the mother?
According to UK law, the legal mother of a child is always the woman who carries and gives birth to the child, regardless of biological factors. In situations where a woman or parent is unable to carry a pregnancy, surrogacy is gaining popularity among individuals seeking to grow their families. The law on surrogacy is complex and our team can provide you with legal advice should you require.
Who is the father or second parent?
Under English law, there are variations depending on whether the couple is married or not.
For married couples, if the woman is married, her husband or wife is recognized as the father or second legal parent. These rules apply to any conception that occurs through reproductive technologies or at-home artificial insemination, whether it’s done at a clinic in the UK, overseas, or at home.
For unmarried couples, if the mother is not married but in a relationship, she and her partner must complete the relevant HFEA Forms WP and PP before undergoing treatment. The couple also needs to follow the appropriate protocol, which includes counselling and clear guidance on the forms they are signing. Once completed correctly, the partner will gain legal parenthood and can be registered on the birth certificate.
It’s essential to note that these forms must be completed accurately before conception; otherwise, they will not be effective, and the partner will not automatically be recognized as a legal parent. There have been cases where the forms were not filled out correctly or not completed at all, often due to errors by fertility clinics, leaving the second legal parent’s status unresolved and unclear.
In cases of conception at home, when the mother is unmarried, the regulations become more complex. There is a possibility that the donor, in these situations, may be recognized as the legal father of the child, regardless of the parties’ intentions, any agreements made, or what is recorded on the child’s birth certificate. This could make the sperm donor liable for child maintenance and give him the ability to make a court application for contact if there’s a dispute over the child’s arrangements. It is advisable to seek legal advice before conception to understand the legal position and, if necessary, enter into a pre-conception agreement. Our team can guide you through this every step of the way.