Informal Sperm Donation in England

Informal Sperm Donation in England

• AI (married context): Recognized by Statute
• AI (single / non-marital): Not Recognized
• NI: Not Recognized
• Sperm donor agreement: Unknown

Key Provisions:

• Parentage:
  • Under the Human Fertilisation and Embryology Act 1990 (as amended 2008):
    • “The woman who … has carried a child as a result of the placing in her of an embryo or of sperm and eggs … is to be treated as the mother of the child” (Section 33(1)).
    • If married, the husband is the legal father if he consented to the insemination (Section 35(1)), unless consent is disproven.
    • If in a civil partnership, the partner is the second parent if she consented (Section 42(1)), unless rebutted.
    • Informal donors (outside licensed clinics) may be the legal father if no spouse/partner consent applies—clinic donors are exempt (Section 41(1)).
• Assisted Reproduction:
  • The Human Fertilisation and Embryology Act 1990 states: “A man who donates sperm … through a licensed clinic is not to be treated as the father” (Section 41(1)). Note: Informal donation lacks this shield—parentage defaults to common law or Sections 35/42 if applicable.
  • The HFEA 2008 reinforces clinic protections but leaves informal arrangements exposed to legal risk.
• Sperm Donor Agreements:
  • For single recipients, informal donors may be legal fathers unless intent is clear—private agreements aren’t binding, per Re G (A Minor) [2013] EWHC 814 (Fam), where child welfare trumped donor intent.
  • For partnered recipients, the spouse/partner is the second parent if consenting (Section 35; Section 42), but informal donors risk liability if consent fails.
  • Case Law: In M v F [2015] EWCA Civ 1499, an informal donor’s agreement was set aside for contact rights, showing agreements’ fragility.
• Financial Responsibility:
  • If the legal father, an informal donor owes maintenance under the Child Support Act 1991 (Section 1). See Re B (A Child) [2017] EWHC 253 (Fam), where contact led to liability.
  • Clinic donors are exempt (Section 41), but informal donors aren’t.
• Regulation and Risks:
  • The HFEA 1990 caps clinic donors at 10 families (HFEA Guidance). Informal donation is unregulated—no caps or health checks apply.
  • Case Law: Re D (A Child) [2012] EWHC 3318 (Fam) scrutinized an informal donor’s role, highlighting legal uncertainty.