If the donor is the legal father, he will be potentially vulnerable to financial claims during his lifetime and on death, irrespective of whether he is registered on the birth certificate. This is most commonly the case where the recipient is a single woman or an unmarried couple and the conception takes place through home insemination. In other known donation situations, the donor will or may be the legal father. If the donor is not the legal father, no financial claims can be made against him or his estate, and it will not be possible to record his name on the child’s birth certificate. the donor donates through a UK licensed fertility clinic and signs the correct documentation to donate to someone else without any intention of being a parent himself.the recipients of the donation are a couple and are both the legal parents of the child and/or.A known sperm donor will not be the legal father if: The position of known sperm donors is more complex. A known egg donor will never be a legal parent assuming she does not give birth. Who are the legal parents of a child conceived through known donation?įor UK law purposes, the parent who gives birth will always be the child’s legal ‘mother’ and will be registered on the birth certificate as such. In such cases a known donation agreement should be prepared with input from lawyers in both jurisdictions, so a single agreement can protect you everywhere you need it. In other jurisdictions it may be very important to conceive in a particular way, or to have a written agreement in place before conception, in order to establish the right people as the legal parents. If you are living in or connected with different countries, then you need to seek advice in both relevant countries to ensure that you are setting things up in the best possible way. However, an agreement is likely to carry more weight in court if it is legally accurate and if you had legal advice before it was signed. There are no fixed requirements for ‘formalising’ pre-conception agreements for known donation (they do not, for example, need to be witnessed by a solicitor). Even more importantly, they help to avoid disputes from ever happening, by ensuring that you all start off with clarity and consensus, and by creating a solid framework you can all follow. They provide clear evidence of what you intended at the outset, which may carry weight in court if there is a dispute (and will at least prevent argument over what was agreed, which is a common feature of disputed cases). Having said that, pre-conception agreements are an invaluable part of stable and successful known donation arrangements. Pre-conception agreements are not legally binding under UK law, which means that they do not govern who the child’s legal parents are, and if there is a dispute between you at a later stage, the family court is not obliged to follow what the agreement says if they think something else is in the child’s best interests. Should we put a written donor agreement in place? Be as clear as you can about what you want, and be honest with each other and yourselves. Disputes in known donation cases very commonly stem from underlying mismatched expectations so you should therefore not rush into trying to conceive, but instead take your time and make sure you discuss the roles you each intend to have.
If you are planning a known donation arrangement, it is important to set strong foundations. Find out more about co-parenting and multi-parent families. someone who intends to act as a fully involved parent in the child’s life). A known donor is, however, not a co-parent (i.e. Alternatively the donor might play a much more significant role and be an important figure in the child’s life. The donor might intend to have a very limited role in the child’s life, perhaps just being available to be contacted if the child wishes in later years. In other cases the donor is someone the recipients have matched with specifically for the purpose of conceiving a child together (perhaps via a matching website or agency). In some cases a known egg, sperm or embryo donor is a relative, friend or someone else already known to the recipient/s.
Known donation arrangements cover a wide range of different personal circumstances.
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