Informal Sperm Donation in New Zealand

Informal Sperm Donation in England

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 the recipient is married or in a civil partnership, her spouse/partner is the second legal parent if they consented to the insemination (Section 35 for husbands; Section 42 for civil partners), unless consent is disproven.
    • For informal donation (outside a licensed clinic), the donor may be the legal father unless excluded by Sections 35/42 or a clinic waiver (Section 41 applies only to HFEA-licensed donations).
• Assisted Reproduction:
  • The Human Fertilisation and Embryology Act 1990 governs ART: “A man who donates sperm … through a licensed clinic is not to be treated as the father of the child” (Section 41(1)). Note: Informal donation lacks this protection—parentage defaults to common law or Sections 35/42 unless rebutted.
  • The HFEA 2008 updates clarify clinic-based donor exclusion but leave informal arrangements ambiguous—donors risk legal fatherhood without formal waivers.
• Sperm Donor Agreements:
  • For unmarried recipients, the donor may be the legal father under common law unless a private agreement clarifies intent—though not binding, per Re G (A Minor) [2013] EWHC 814 (Fam), where courts prioritized child welfare over donor agreements.
  • For partnered women, “A man is not the father … if the woman was married/civil partnered at conception and her spouse/partner consented” (Section 35; Section 42). Informal donors remain liable if consent is absent or challenged.
  • Case Law: In M v F [2015] EWCA Civ 1499, an informal donor’s agreement was set aside when he sought contact, emphasizing agreements’ unenforceability against child welfare.
• Financial Responsibility:
  • If deemed the legal father, an informal donor may owe child maintenance under the Child Support Act 1991 (Section 1). See Re B (A Child) [2017] EWHC 253 (Fam), where an informal donor was held liable after contact blurred boundaries.
  • Clinic donors are exempt (HFEA 1990, Section 41), but informal donors lack statutory exclusion.
• Regulation and Risks:
  • The HFEA 1990 regulates clinics, capping donors at 10 families (HFEA Guidance). Informal donation is unregulated—no health checks or caps apply, increasing genetic and legal risks.
  • Courts may intervene if disputes arise—e.g., Re D (A Child) [2012] EWHC 3318 (Fam), where an informal donor’s role was scrutinized post-conception.