Our expertise in donor conception
Conception with a known donor
If you are conceiving with a known donor, it is crucial that all parties understand exactly what’s expected from the arrangement. This includes whether or not the donor will be the child’s legal parent. Many factors affect who the legal parents of the child are in the eyes of the law. Some people are automatically recognised as the legal parents and others are not. It is therefore important to seek legal advice prior to conception.
Insemination can take place at a UK licenced fertility clinic with a known donor. This could be someone you’ve known for a long time or someone you’ve met more recently possibly via a donor website or group. If you conceive at a UK-licensed fertility clinic and sign the appropriate consent forms, the donor will not automatically be the child’s legal parent even if they’re known to you, if that’s what you both want.
Insemination at home with a known donor
If you choose to inseminate at home with a known donor, we strongly advise you get in touch for specialist legal advice on how legal parenthood will be applied to your particular circumstances, as this is a very complex area.
If you artificially inseminate at home using a known donor, the donor could be a legal parent, subject to the marital or civil partnership status of the birth parent, even if they’re not named on the birth certificate.
If you’re married or in a civil partnership at the time of conception, your spouse/civil partner can be named on the birth certificate and be recognised as the child’s legal parent, unless they explicitly state they don’t consent to the donor conception.
It’s worth bearing in mind that the law in this area is still evolving and any potential rights which the known donor may have may be considered by the Courts.
Known donor agreements
Whilst we have seen many donor arrangements work well, any misunderstanding can cause difficulties in the future.
When choosing to conceive with a known donor, it is crucial that all parties are on the same page. Although not legally binding, the process of creating a known donor or preconception agreement can help you work through potential issues and ensure your expectations are aligned. For example:
- How much involvement the donor will have, if any
- Who the child will live with
- Financial responsibility
- Expectations around education
A donor agreement can be created regardless of whether you intend the donor to be involved in the child’s life. If you’re planning to co-parent the child, then you may wish to consider a setting out what your agreed intentions are for the child’s future.
Conception with an unknown donor
Our donor conception solicitors can provide expert legal advice on the implications of using an unknown donor.
If you’re considering conceiving at an overseas clinic, we recommend seeking legal advice from solicitors in the country you’re planning to conceive in, so you understand the country’s legal position.
Be aware that not all countries have a central donor register, meaning if you conceive at a clinic in a foreign jurisdiction, your child may not have the option of requesting information about their genetic identity in the future.
