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Our team of specialist sperm and embryo donation law solicitors throughout the UK are here to help

Decisions made during donor conception treatment can have lasting legal consequences for intended parents, donors, and the children born as a result. Donor conception law in England and Wales can affect legal parenthood, consent, rights, responsibilities and access to information, so it is important to understand the legal position from the outset under the Human Fertilisation and Embryology Acts 1990 and 2008.

The legal outcome can vary depending on your circumstances, including whether treatment takes place through a licensed clinic, whether a known donor is involved, and how parenthood is recorded in law. Understanding these issues early can help avoid uncertainty later and give everyone involved greater clarity as they move forward.

Stowe Family Law is the UK’s largest specialist family law firm, with over 90 offices across England and Wales, including London, Manchester, Leeds, Birmingham, Sheffield, Bristol, and Cardiff. Our fertility law team is ranked as a Leading Firm by both Legal 500 and Chambers & Partners 2026, and we have been named in The Times Best Law Firms in 2026. Rated Excellent on Trustpilot, we are proud members of Resolution and are regulated by the Solicitors Regulation Authority (SRA).

The legal questions that arise around donor conception are not always straightforward. Whether you are an intended parent, a known donor, or someone facing an unexpected legal issue following treatment, our solicitors are here to give you the clarity you need and the support you deserve.

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Key Donor Conception Information

Who can use assisted reproduction?

Assisted reproduction is avaialble to couples who are struggling to conceive, whether this be medical issues, or same-sex couples. Single parents by choice can also use assistive reproductive technologies. There are NHS and other guidelines to be aware of.

Why use a Fertility Lawyer?

The law around fertility is often complicated, particularly when it comes to legal parenthood of the child. To ensure the smoothest and most pain-free process for you and your partner, a fertility lawyer can help highlight any potential issues and ensure all procedures are carried out with the correct legal paperwork.

See more answers to common questions

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Fertility law raises a lot of questions that can be highly personal. Who has legal parental status, how that status is established, and what the Human Fertilisation and Embryology Act 2008 requires in your situation are not always straightforward to work out, particularly when treatment involves donors or complex family arrangements. The earlier you get advice, the clearer your position becomes. Our fertility lawyers are experienced in this area and will give you honest, specific guidance from the outset.

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Adoption 

Adoption in England and Wales runs through a clear legal process: Assessment and approval by an adoption agency, then a final court hearing where the child’s welfare is the deciding factor. You need to be over 21, and once the court makes an adoption order, parental responsibility transfers to you permanently. It’s a significant step, and the road to it isn’t always simple. Our experienced team will keep you informed at every stage.

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Whether you’re pursuing IVF, IUI, or another route, legal parenthood depends on your relationship status and what was recorded at a licensed clinic before treatment. For married couples and civil partners, it’s often established automatically. For everyone else, the consent forms you complete beforehand carry real legal weight, and errors or gaps can cause genuine problems down the line. Our lawyers will walk you through what’s required, so you’re clear on what you’re agreeing to and why it matters.

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In the UK, a surrogate is the child’s legal mother at birth – regardless of any genetic link to you. Legal parenthood only passes to you through a parental order, which a court grants after the child is born. Surrogacy agreements themselves have no legal force here, and that’s a distinction worth understanding early. It can be a lot to take in alongside everything else. Our solicitors will take you through the parental order process clearly, so you know where you stand at each point.

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Same-sex couples and LGBTQ+ parents can become legal parents in England and Wales, but the route isn’t the same for everyone. For some, parenthood is established through a parental order following surrogacy. For others, adoption or a co-parenting agreement may be the right approach. Each route has distinct legal requirements, and the one that applies to you depends on how your family is coming together. It’s worth understanding early which path is yours – and why the differences matter in practice. Our team works with LGBTQ+ families regularly and will give you clear, grounded advice on your specific situation.

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What is donor conception?

Donor conception is the term covering ways of having a baby by using donated sperm, eggs or embryos through self-insemination or fertility treatment, such as IVF. It can also include surrogacy when gametes are donated.

Donor conception is when a person donates their sperm, egg or an embryo, and recipient parent(s) receive the donation.

They can then follow the steps to conception through treatments such as In vitro fertilisation (IVF), Intracytoplasmic sperm injection (ICSI) or Intrauterine insemination (IUI).

Donor conception is a form of assisted reproduction.

Who are the legal parents in donor conception?

Under the Human Fertilisation and Embryology Act 2008, the woman who carries and gives birth to a child is always that child’s legal mother – regardless of whether her own eggs were used. This is the starting point, and it applies in every case.

Who holds legal parenthood beyond that depends on several factors, including the recipient’s relationship status, the type of treatment, and where that treatment took place.

Who are the legal parents in donor conception?

Under the Human Fertilisation and Embryology Act 2008, the woman who carries and gives birth to a child is always that child’s legal mother – regardless of whether her own eggs were used. This is the starting point, and it applies in every case.

Who holds legal parenthood beyond that depends on several factors, including the recipient’s relationship status, the type of treatment, and where that treatment took place.

  • Married couples and civil partners

    If you are married or in a civil partnership at the time of treatment, your spouse or civil partner will automatically be treated as the child’s second legal parent – provided they have not actively refused consent to the treatment.

  • Unmarried couples

    Where a recipient is not married to, or in a civil partnership with, their partner, that partner will not automatically become a legal parent. Both parties must give written consent before treatment begins – that is, before the sperm is inseminated or the embryo transferred. This applies equally to same-sex female couples who are not married or in a civil partnership. Under Sections 42 and 43 of the HFE Act 2008, a female partner can be recognised as the second legal parent, but only if the correct consent forms are completed in advance.

  • Single recipients

    If you are a single woman having treatment at a licensed HFEA clinic using donated sperm, you will be the sole legal parent. The donor will have no legal rights or responsibilities in relation to the child.

  • Treatment outside a licensed clinic

    The legal position becomes considerably more complicated where treatment takes place outside a registered HFEA-licensed clinic. For example, through a private arrangement or home insemination. In those circumstances, a sperm donor may be treated as the child’s legal father under the law, which can give rise to both rights and responsibilities that neither party anticipated. If you are considering, or have already undergone, treatment in this way, taking legal advice is strongly recommended.

    It is also worth noting that consent to legal parenthood must be given before treatment takes place. It cannot be completed retrospectively. If there are concerns that the correct consents were not obtained, specialist legal advice should be sought as soon as possible.

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Who would need to use donor conception?

Your GP or another medical professional may recommend donor conception to you for a variety of different reasons. These could include, but are not limited to:

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  • You are not producing your own eggs/sperm or your partner is not
  • You are in a same-sex relationship
  • You are single
  • Your own gametes are unlikely to result in conception
  • You have an inherited disease that may be passed on

Whatever your reason, our empathetic solicitors are here to help you navigate the legal complexities.

What are a donor’s legal rights?

In most cases, donors have no legal rights or responsibilities in relation to any child born as a result of their donation. However, the answer is not always that simple, and it depends largely on the circumstances of the treatment.

If you are a donor with questions about your legal position, or a recipient unsure of how a private arrangement might affect parental status, our team is here to help you understand exactly where you stand.

What are a donor’s legal rights?

In most cases, donors have no legal rights or responsibilities in relation to any child born as a result of their donation. However, the answer is not always that simple, and it depends largely on the circumstances of the treatment.

If you are a donor with questions about your legal position, or a recipient unsure of how a private arrangement might affect parental status, our team is here to help you understand exactly where you stand.

  • When treatment takes place at a licensed HFEA clinic

    A donor who donates sperm, eggs, or embryos through a registered HFEA-licensed clinic is not a legal parent of any child born as a result. They will not be named on the birth certificate, and they cannot seek a parental relationship through the courts in the same way that a legal parent can. The legal protections put in place under the Human Fertilisation and Embryology Acts are designed to give all parties (donors, recipients, and children) a clear and settled legal position

  • Informational rights

    Donors do retain limited informational rights. A donor may ask the HFEA to confirm whether any children have been born as a result of their donation, and to provide the number, sex, and year of birth of those children – once a donor-conceived person reaches the age of 18. Equally, donor-conceived adults who turn 18 may apply to the HFEA for identifying information about their donor, including their name and last known address, if the donation was made after 1st April 2005

  • When treatment takes place outside a licensed clinic

    Where a private arrangement is made, including home insemination, the legal protections that apply to clinic-based donation may not apply. In these circumstances, a sperm donor could be considered the child’s legal father, with corresponding parental rights and financial responsibilities that may not have been intended by either party. This is a particularly sensitive area of law, and one where early legal advice can make a meaningful difference

Meet our fertility law solicitors

Get expert advice and support tailored to your situation from our experienced legal team.

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Elaine Morrison

Team Leader Partner, Buckinghamshire & Hertfordshire
Divorce Surrogacy Fertility Civil Partnerships
Elaine specialises in various facets of family law, demonstrating a particular focus on Divorce, Finances and Modern Families.
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Liza Gatrell

Managing Partner, Hampshire, Thames Valley & South West
Divorce Surrogacy Fertility Civil Partnerships
Liza has specialised in family law since 2008 and she is well known for her personal and practical approach.
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Gemma Davison

Team Leader Partner, Oxfordshire
Divorce Mediation Surrogacy Fertility
Gemma offers support and advice on surrogacy and fertility law, including; domestic and international surrogacy, donor conception, platonic co-parenting and single parent by choice.
View full bio
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What advice can a family lawyer give me?

Fertility law in the UK can be complex and everyone involved in the process has legal rights and responsibilities.

read more

The legal consequences of your chosen treatment will likely need discussing with a solicitor, and you may be recommended or required by your clinic to speak to a fertility lawyer before embarking on the journey.

Our team can advise on:

  • The legal implication of using donated eggs, donated sperm and donated embryos, including rights to information
  • The importance of consent
  • Legal parenthood

There are a number of legalities around informational rights. It is important to note that donors are not considered the legal parents of the donor-conceived child. Recipient parents are automatically considered the legal parents.

The key pieces of legislation are:

Human Fertilisation and Embryology Act 1990

Human Fertilisation and Embryology Act 2008

We’re proud to be a member of The Surrogacy Network, the leading directory and platform for surrogacy professionals.

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We offer an award-winning service

I know you are excited to get started on your family building plans, but if you are using a known donor you need early legal advice to ensure that you understand how legal parentage will be assigned at birth.

Liza Gatrell, Team Leader Partner

Why choose Stowe Family Law?

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Common questions about donor conception

Common questions about donor conception

  • What types of donation are there?

    The three types of donation are egg donation, sperm donation and embryo donation.

    If you are intending on donating your gametes, you should do it through a registered clinic. The Human Fertilisation and Embryology Authority (HFEA) has a list of registered clinics.

    It is recommended that you speak to a fertility lawyer to understand your legal rights and responsibilities as a donor.

  • Can I donate if I am LGBTQ+?

    Yes, you can donate your eggs or sperm if you identify as LGBTQ+.

    In May 2024, the government passed a law which means that LGBTQ+ people who have non-transmissible HIV can donate their eggs and sperm.

    However, there are restrictions regarding eligibility criteria. These are not specific to LGBTQ+ couples but may apply to trans-men who have started to undergo hormone replacement therapy (HRT) as the quality of eggs can be reduced.

  • Will my child legally have to have a relationship with the donor?

    Fertility law in the UK means that the donor has no legal rights to the child if you use a registered donor clinic. This means that they have no legal or financial obligation to the child. They will not be named on the birth certificate, and you (and your partner, if you have one) will be the child’s legal parents. They have no legal right to have a relationship with the child.

    Where legal complications can arise is if the treatment is not done through a registered clinic, as the donor may be considered a parent by law.

    Our specialist solicitors can discuss this with you and give advice.

  • Do I get paid for being a donor?

    It is illegal to pay for donation in the UK. You may be able to receive compensation, which is up to £750 per donation cycle for eggs, and £35 for sperm. You may be able to claim more if your travel or other expenses were more than this.

  • Can I donate to a family member?

    It is legal to donate to your family member, however there are restrictions on mixing the eggs and sperm of close family members, e.g., brother and sister (including half brothers/sister).

  • Am I a legal parent if I donate my sperm/egg?

    If you are a woman and you give birth to a child, you are automatically considered the legal parent of the child, regardless of whether the egg is donated or is your own.

    As a donor, providing you use a registered UK fertility clinic, you will have no legal rights or responsibilities towards any child conceived from your donation.

    However, this can be more complex if you do not use a registered clinic as you may be considered the legal parent.

    It is best to seek legal advice, as well as the advice of the fertility clinic, before embarking on the donation journey.

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Liza Gatrell is Managing Partner for Stowe Family Law across the South & West Coast regions, overseeing the firm’s offices in Portsmouth, Southampton, Farnborough, Fleet, Bournemouth, Exeter, Winchester, Newbury, Plymouth and Swindon. Liza is a Resolution member, SRA registered and is highly rated by Legal 500 for her practical and approachable style, Liza specialises in complex family law matters including high-value financial disputes, children cases and surrogacy law.

Date last reviewed: 23/04/2025

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