Legal Facts for Sperm Donors and Co-Parents

A Quick Guide to Fertility Law

The legalities of sperm donation are far from simple and depending on several factors from whether you are married to whether you conceive through a clinic or at home, can greatly alter the consequences of your legal position as a parent.

We recommend you read our legal facts for each section that relates to yo. For example if you are a sperm donor or sperm recipient, using a known donor or anonymous donor . Read carefully before deciding on your sperm donation options.

With a known donor agreement you can choose to conceive either through a licensed fertility clinic or 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.

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Legal Facts for Sperm Donors
Legal Facts for Sperm Recipients
Legalities of using a Known Donor
Legalities of using an Anonymous Donor
Legalities of Co-Parenting
Naming a sperm donor on the birth certificate
Fertility Clinics for Sperm Donation
Sperm Donor Children

Legal Facts for Sperm Donors

As a sperm donor 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.

3 Simple Legal Facts if you are Thinking about Becoming a Sperm Donor:

If you donate your sperm through a fertility clinic you will not be classed as the child’s legal father and will not have parental responsibility.
If you donate to a single woman via home insemination you are very likely to have legal parental responsibility to the child. The woman who is carrying the baby can choose either the sperm donor or the partner to be named on the birth certificate.
If you donate to a married couple (lesbian or heterosexual) via home insemination there is a chance that you could have legal parental responsibility to the child. However in most cases if the woman who is giving birth is married the couple are automatically protected and the partner will be legally classed as a parent.

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Legal Facts for Sperm Recipients

If you are thinking about having a baby by sperm donation you can 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 becoming pregnant by sperm donation are often concerned about who will be classed as the legal parents of the child. If the woman who is giving birth is married then, in most cases, the couple are automatically protected and the partner will be legally classed as a parent.

If you are not married then the woman who is carrying the baby can choose either the sperm donor or the partner to be named on the birth certificate. Depending on how the baby was conceived i.e. through a licensed clinic or home/natural insemination, this person would then become the child’s legal parent.

As a sperm recipient 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.

3 Simple Legal Facts if you are Using a Sperm Donor:

If you receive donated sperm through a fertility clinic you will not be classed as the child’s legal father and will not have parental responsibility.
If you are a a single woman receiving sperm via home insemination it is very likely that your sperm donor will have legal parental responsibility to the child. You can choose either the sperm donor or your partner to be named on the birth certificate.
If you are a married couple (lesbian or heterosexual) receiving sperm via home insemination there is a chance that your sperm donor could have legal parental responsibility to the child. However in most cases if you are the woman who is giving birth and you are married, you and your partner are automatically protected and your partner will be legally classed as a parent.

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Related Articles:

Legalities of co-parenting

Legalities of using a known donor

Legalities of using an anonymous donor

Legalities of Using a Known Donor

Those considering a known donor agreement are often concerned about who will be considered as the legal parents of the child. If the woman who is giving birth is in a civil partnership then, in most cases, the couple are automatically protected and the partner will be legally classed as a parent.

If you are not civil partnered then the woman who is carrying the baby can choose either the sperm donor or the partner to be named on the birth certificate. Depending on how the baby was conceived i.e. through a licensed clinic or home/natural insemination,this person would then become the child’s legal parent.

The laws are continuously evolving for donor conceived children and donor agreements and therefore a donor agreement is not 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 donor agreement seeks legal advice.

What if I donate sperm through a licensed clinic?

Naming a known donor on the birth certificate

What rights do lesbian couples have if they conceive with a known donor?

What rights do single heterosexual women, single lesbians and un-married lesbian couples have using a known sperm donor?

What rights do married heterosexual couples have if they conceive with a known donor?

How useful is a legal sperm donor agreement?

Licensed clinics for sperm donation

Legalities of Co-Parenting

In a co-parenting agreement you can choose to conceive either through a licensed fertility clinic or 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 who will be considered as the legal parents of the child. If the woman who is giving birth is in a civil partnership then, in most cases, the couple are automatically protected and the partner will be legally classed as a parent.

The laws are continuously evolving for donor conceived children and co-parenting agreements and therefore a co-parenting agreement is not 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.

What if the male co parent donates sperm through a licensed clinic?

What rights do lesbian couples have if they conceive with a co-parent?

What rights do single heterosexual women, single lesbians and un-married lesbian couples have using a co-parent?

What rights do married heterosexual couples have if they conceive with a co-parent?

How useful is a legal co-parenting agreement?

Naming a co-parent on the birth certificate