Donor conception: should I use a UK licensed clinic or private sperm donor?
Annabel Winsor looks at the legal differences between donor conception through a UK licensed clinic and private sperm donation.
Whether to have treatment at a UK licensed clinic or through a private arrangements can be a very personal, and sometimes difficult decision. It can have lifelong impacts on both the adults and children involved. Understanding the differences between the routes means you can go in with your eyes open and make an informed decision about what works best for you, knowing the possible consequences.
UK licensed clinic (regulated route)
By using a UK licensed clinic there is a clear, structured process to follow, with legal and medical safeguards in place which protect patients and donors.
The law is clear about who the legal parents are for a child born as a result of treatment at a UK licensed clinic. The donor will not be a legal parent and will have no legal rights or responsibilities for any child born as a result of the donation. The person who carries and gives birth to the child will be the child’s mother. The mother’s spouse, partner or another person can be recognised as the father or second legal parents from birth.
It is no longer possible to donate anonymously. Most people conceived from donations made after 1 April 2005 can ask for non-identifying information about their donor from age 16 and identifying information about their donor from age 18 (including their donor’s name, date of birth and last known address).
Donors are required to verify their identity and participate in various health tests before they can donate. The clinic is required to offer counselling. Donated sperm cannot be used to create more than 10 families.
The above applies to UK licensed clinics. If you go abroad for treatment you should carefully check what, if any, legal and medical regulations apply.
Private arrangement (unregulated route)
Some people prefer the flexibility offered by a private arrangement, including the ability to have a more personal relationship with the donor and / or half-siblings. It is a relationship which relies heavily on trust, and the same legal and medical safeguards of using a UK licensed clinic do not apply.
Under domestic law, the person who carries and gives birth to the child will be the child’s mother. The identity of the second legal parent is less clear, and can depend on the method of conception used and whether the mother is married or in a civil partnership. This can lead to complex and lengthy legal proceedings after the child is born.
There is no requirement for the donor to take part in health screening, although this can of course be agreed. There is also no limit on the number of times they can donate.
With the above in mind, those considering a private arrangement are strongly recommended to prepare a written agreement recording their agreements and expectations about rights, responsibilities and the possibility of contact, to make sure these align from the outset.
Conclusion
If you are considering growing your family through donor conception, then we would be happy to advise about how the law could apply to you and help you make an informed choice about which route to follow.
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