Legal Parenthood- information for patients

What is Legal Parenthood and why is it important?

“Legal Parenthood provides a legal parent-child connection which affects a range of areas such as nationality, financial responsibility, inheritance as well as decisions over schooling and medical treatment.” (HFEA website (opens in a new tab)).

A woman who gives birth to a child in the UK is recognised as the legal mother/parent.

Under UK law, the sperm donor is not considered be the legal parent of any child born following the use of their sperm and as such, does not have any legal, financial or parental responsibilities towards the resultant child or children.

It is important before you embark on treatment using donor sperm for direct insemination or the creation of embryos outside of the body, that you are fully aware of the legal implications according to your own personal circumstances, and the choices you make for you, your partner, and any prospective child

Implications for couples who are married or in a civil partnership seeking treatment with donor sperm

Where a couple are seeking treatment using donor sperm from a HFEA licensed fertility centre the partner will be deemed to be the parent of any child born as a result of that treatment unless they specifically does not consent to the treatment. The partner is required to complete HFEA consent form ‘PBR’ (Posthumous Birth Registration) to confirm that they wish to be registered as the legal parent if they were to die before the transfer of any embryos created outside of the body had taken place.

Implications for Couples who are unmarried and not in a civil partnership seeking treatment with donor sperm

You do not have to be married or in a Civil Partnership in order for your partner to be recognised as a child’s legal father or second parent, but you must ensure that you and your partner sign the right consents. This also applies if you are a female same sex couple and your partner is donating their eggs to you for your treatment involving creation of embryos outside of the body.

The person planning to carry the child must complete consent form WP and the partner wishing to be the second parent must complete consent form PP.

Implications for Single Women who wish to have treatment using Donor Sperm

You do not have to have a partner to be treated with donor sperm. If you have treatment at Cambridge IVF or any other HFEA licensed clinic, you will be considered in law as the child’s only parent and the donor will have no legal rights or responsibilities towards your child.

Implications for those Seeking Treatment with a Known Donor

Irrespective of their relationship status, women may elect to undergo treatment at a HFEA licensed fertility clinic, to be inseminated or create embryos outside of the body, using sperm from a donor who is known to them, rather than sperm from a ‘sperm bank’.

The same legislation regarding fatherhood applies to all sperm donors, whether known to the recipient or not. In other words, provided the sperm donation and treatment occurs through a HFEA licensed clinic such as Cambridge IVF, the donor is not considered the legal parent of any children that may result from treatment.

Seeking legal advice

In some cases, it may be useful to seek independent legal advice regarding legal parenthood and how the law would apply to your specific case. This is not usually required if your situation is clearly covered by the law, but is advised in more complex circumstances, for example if you are married to someone you are not seeking treatment with.

Withholding or Withdrawing Consent to legal parenthood

For both civil partners and married couples using donor sperm in their treatment, if the husband or civil partner explicitly states that they do not give consent to their partner’s treatment, or wish to withdraw their consent already given, they may do so at any time up to the time of insemination or embryo transfer.

This can be done by completing HFEA form WCP (withdrawing your consent to legal parenthood) which can be provided for you.

If consent is withdrawn, it is still possible for treatment to continue, however the person receiving treatment with donated sperm will be informed and treatment will not be continued until this process has completed.