Donor insemination
When a woman receives fertility treatment through a clinic using an anonymous donor, the child has no legal father. Since the implementation of the Human Fertilisation and Embryology Act 2008, where a couple receive fertility treatment through a registered clinic they will both have automatic parental responsibility for any child and both will have their names entered on the child’s birth certificate. This change in the law in not retrospective but any non biological parent of a child conceived in this way can obtain parental responsibility by agreement and may also be able to adopt the child which would make them both legal parents.
If a known donor is used, he will usually be treated the same as any other father. If his name is registered on the child’s birth certificate, this will give him parental responsibility for the child. Despite any agreement made between a donor father and the birth mother to limit his involvement in the child’s upbringing, as a father he will have a legal responsibility to support the child and, if a benefit claim is made, the CSA may seek his details – the way in which parenthood occurred is not considered relevant. If the birth mother forms a civil partnership, her partner will also be able to apply for parental responsibility but this will not change the father’s legal status in relation to the child.
Bindmans family lawyers can advise clients on the legal aspects of fertility treatment and can help draw up agreements between mothers and donors.
Bindmans family department can offer specialist advice from leading experts on all aspects of gay parenting.
For further information, contact Louise Coubrough or Melanie Hay.
Press Coverage:
Human Fertilisation and Embryology Act 2008
In an article published by G3 Magazine, Melanie Hay discusses the significance of the Civil Partnership Act on the fourth anniversary since its introduction.
Please click below to view the article:
Civil Partnership Adoption Donor insemination
Children of a previous relationship Arrangements for children following relationship breakdown