Informal Sperm Donation in Scotland
- 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)).
- Under the Human Fertilisation and Embryology Act 1990 (as amended 2008):
- 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 protection—parentage may revert to common law or Sections 35/42.
- The HFEA 2008 strengthens clinic-based exemptions but leaves informal setups vulnerable to legal ambiguity.
- Sperm Donor Agreements:
- For single recipients, informal donors risk being legal fathers—private agreements aren’t binding under Scottish law, as seen in X v Y [2017] CSOH 111, where donor intent was secondary to child welfare.
- For partnered recipients, the spouse/partner is the second parent if consenting (Section 35; Section 42), but informal donors face liability if consent is absent.
- Case Law: In F v M [2013] CSIH 62, a known donor’s role was scrutinized, showing agreements’ limited enforceability.
- Financial Responsibility:
- If deemed the legal father, an informal donor may owe aliment under the Family Law (Scotland) Act 1985 (Section 1), enforceable via the UK-wide Child Support Act 1991 (Section 1).
- Clinic donors are exempt (Section 41), but informal donors lack this shield—e.g., contact can imply liability.
- Regulation and Risks:
- The HFEA 1990 limits clinic donors to 10 families (HFEA Guidance). Informal donation is unregulated—no health screenings or family caps apply.
- Case Law: A v B [2020] CSOH 14 addressed an informal donor dispute, underscoring legal and genetic risks.