What are the legalities of co-parenting and sperm donation?

Thinking about Co-Parenting? Here are Your Legal Facts.

When you have found a co-parent match you can choose to conceive either through a licensed fertility clinic, by home insemination or natural insemination. The laws around parental rights and responsibilities are very different depending on which of these options you choose so make sure you consider your options carefully.

Those considering a co-parenting agreement are often concerned about guardianship, parenting rights, access and financial responsibilities. If the woman who is giving birth is married then, in most cases, the married couple are automatically protected and the partner will be legally classed as a parent. This would leave the male co-parent (donor) without any parental rights

If the woman conceiving is not married then she can choose either the donor (co-parent) or her partner to be named on the birth certificate. Depending on how the baby was conceived i.e. through a clinic or home/natural insemination,the donor would then become the child’s legal parent. I.e. conceiving through a clinic leaves the donor no parental rights.

The laws are continuously evolving for donor conceived children and co-parenting agreements. A co-parenting agreement is not necessarily legally binding however it is considered a good idea as it can help in court if a dispute arises. There are many good solicitors who deal in family law and it is recommend anyone considering a co-parenting agreement seeks legal advice.

3 Simple Legal Facts for Potenital Co-Parents to Consider:

If you donate sperm through a fertility clinic with the prospect of co-parenting you will not have any parental rights or responsibilities.
If you are single and conceive via home insemination your male co-parent will be the child’s legal father.
If you are married and conceive at home, you would need to specify in a co-parenting agreement that you wish for the male co-parent (donor) to have legal responsibilities for the child. If you do not have a legal contract the donor may not be considered the legal father and both partners could then be named on the birth certificate as Mother and Parent.