Anonymity questions 

 

What legal changes were implemented regarding sperm and egg donation in 2005? 

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In 2005, a law was enacted allowing donor-conceived individuals to access the identity of their donor once they turn 18. This removal of anonymity aimed to provide emotional benefits to donor-conceived children by allowing them to know their biological parent's identity. 

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What information can a donor-conceived child access about their donor, and at what age? 

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Parents of donor-conceived children can access non-identifying information about the donor at any time. When the child reaches 16, they can apply to the Human Fertilisation and Embryology Authority (HFEA) for access to this non-identifying information. However, only when the child turns 18 can they access identifying information, including the donor's name, date of birth, and last known address. 

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Can donors obtain information about children conceived from their donation(s)? 

 

Donors can inquire about the number and sex of children born from their donations, as well as the year of birth. However, they cannot obtain any identifiable information about these children unless the children choose to contact them once they reach adulthood. 

 

Sperm and egg donation questions 

 

How many families can be created from one person's donations? 

 

Sperm or eggs from a single donor can be used to create a maximum of 10 families. There is no legal limit to the number of children born within these 10 families, although it's uncommon for recipients to have more than two or three children. 

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What if I change my mind after donating? 

 

You must provide written consent for your sperm or eggs to be used in treatment. You have the right to withdraw consent until your sperm or eggs are used for insemination or IVF treatment, or until any embryos created from your donation are transferred into a recipient. 

 

Source: Sperm donation and the law - Sperm donation NHS 

 

What is the legal status for egg donors? 

 

In UK law, if you give birth to a child using a donated egg, you are always considered the legal mother. 

 

What is the legal status for sperm donors? 

 

If you donate sperm through an HFEA-licensed clinic, you will not be considered the legal parent of any resulting child. 

 

Source: Legal rights for egg and sperm donors - GOV.UK (www.gov.uk) 

 

What health screening is required for donors? 

 

All egg and sperm donors must undergo medical screening and assessment before being accepted for treatment at a UK fertility clinic. This includes testing for HIV, hepatitis B and C, human T cell lymphotropic viruses, syphilis, gonorrhoea, and chlamydia. 

 

Source: Finding out about your donor’s personal and family medical history | HFEA 

 

​What are the requirements for importing sperm, eggs, or embryos from foreign clinics? 

 

A UK clinic can import sperm, eggs, or embryos from overseas only if they meet UK screening requirements outlined in the HFEA Code of Practice. 

 

What are the legal requirements for consent regarding the storage, use, or donation of eggs, sperm, or embryos in the UK? 

 

Consent for the storage, use, or donation of eggs, sperm, or embryos must be provided in writing and signed by the person that is donating. This consent can be varied or withdrawn at any time before the materials are used, and any changes must also be documented in writing with a signature. 

 

How long can eggs, sperm, or embryos be stored under UK law, and are there provisions for posthumous conception? 

 

Eggs, sperm, or embryos can typically be stored for up to ten years, with the possibility of extension to a maximum of 55 years as of July 2022. Posthumous conception is only allowed with written consent from the deceased, specifying their wishes regarding post-death use of their reproductive materials. Several legal cases have addressed issues surrounding posthumous conception, highlighting the importance of clear and detailed consent. 

 

Source: UK law for stored eggs, sperm or embryos - NGA Law 

 

 

Can an unmarried couple or a single person conceive a child via donor conception in the UK? 

 

Yes, an unmarried couple or single person can conceive a child via donor conception in the UK. To establish legal parenthood from birth, they must undergo the process at a licensed fertility clinic and sign the required forms provided by the Human Fertilisation and Embryology Authority (HFEA) before the artificial insemination or embryo transfer takes place.  

 

Source: Legal parenthood after donor conception and assisted reproduction - NGA Law 

 

 

Surrogacy questions 

 

What are the differences in legal procedures and parental rights between UK surrogacy and international surrogacy? 

 

In the UK, surrogacy is legal but involves certain restrictions, such as prohibiting third-party profit and with unenforceable surrogacy agreements. While a surrogate is legally recognised as the child's mother, a parental order is typically sought after birth to transfer parenthood to the intended parents.

 

In contrast, international surrogacy may offer legal certainty but requires navigating additional legal processes, including British nationality and immigration laws. To ensure compliance and understanding of these legal nuances, it's imperative to check the laws in the surrogate's country of residence or where the surrogacy is taking place and seek legal counsel from a solicitor specialising in surrogacy law. Surrogacy360 provides a valuable international map for reference regarding current laws.  

 

During the legal limbo period in surrogacy, after the child is born but before the parental order has been finalised, who has the authority to make decisions for the child? 

 

The surrogate holds parental responsibility, allowing her to make decisions for the child. If married, her spouse shares this responsibility. If married or in a civil partnership, her partner is typically listed as the father, unless circumstances dictate otherwise. In such cases, one of the intended parents (IP) may be named as the father on the birth certificate, usually the biological father. In some cases, the other IP who is not the biological father can be designated as the father on the birth certificate, provided it was agreed upon before embryo transfer. 

 

Can the birth certificate be amended to show the Intended Parents? 

 

To amend the birth certificate, a parental order is required. This post-birth court order establishes the intended parent(s) as the child's legal guardians, permanently relinquishing the legal status and responsibilities of the surrogate and her spouse. 

 

Source: Surrogacy law for surrogates - NGA Law 

 

Can a same-sex couple be named on the birth certificate for a child born from a surrogate? 

 

Yes, under certain circumstances, a same-sex couple can be named on a birth certificate for a child born from a surrogate. For lesbian couples who conceive through donor insemination or IVF together, the non-birth mother can be named as the child's other parent. This rule applies to children conceived after 6 April 2009. 

 

For gay men conceiving with a surrogate mother, they can also obtain a birth certificate showing both partners as parents. However, the process for gay couples is implemented differently, requiring them to apply to court for a reissue of the birth certificate after a surrogacy birth. This option becomes available from 6 April 2010.  

 

Source: Same sex partners to be named on birth certificates from tomorrow - NGA Law 

 

What entitlements do surrogates and intended parents have regarding leave from work? 

 

Surrogates are entitled to standard maternity leave and pay, while intended parents can claim adoption leave and pay designed for surrogacy. This entitlement applies to all parents, including same-sex and solo by choice parents, starting from the child's birth date, regardless of the birth location. 

 

Legal status of parents questions 

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Who are considered the legal parents of a child born in a co-parenting arrangement or multi-parent family under UK law? 

 

In a co-parenting setup, UK law acknowledges only two legal parents for a child. The birth mother is automatically recognised as the legal mother and must be listed as such on the birth certificate. In cases of artificial insemination or IVF, the legal status of the father, varies based on the marital status of the birth mother. If married or in a civil partnership, the spouse is usually the second legal parent; otherwise, the biological father takes this role unless another individual is formally nominated at a UK licensed clinic. 

 

Is it possible to secure legal parenthood for additional parents in a multi-parent family? 

 

UK law limits legal parenthood to two individuals. However, more than two people can share parental responsibility, granting them decision-making rights about the child's care. This can be achieved through court forms or applications.  

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Are co-parenting agreements legally binding in the UK? 

 

Co-parenting agreements aren't legally binding in the UK, However, while not mandatory, written agreements can prevent disputes and provide evidence of initial intentions, potentially influencing court decisions in future disagreements. Although legal witnessing isn't required, agreements may carry more weight if legally accurate and formulated with legal advice. 

 

Source: Co-parenting arrangements and multi-parent families - NGA Law 

 

Additional reading: Can the UK’s birth registration system better serve the interests of those born following collaborative assisted reproduction? - ScienceDirect