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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.
What can fertility solicitors support me with?
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:
- 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 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.
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.
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.
Meet our fertility law solicitors
Where are our family law solicitors based?
Bishop’s Stortford
The Residence Coworking, New Mead Barn, Wickham Hall, Hadham Rd
Bishop's Stortford
CM23 1JG
Bournemouth
25 Basepoint Business Centre, Aviation Business Park, Enterprise Close
Christchurch
BH23 6NX
Norwich
Regus - Norwich Stannard Place, Cavell House & Austin House, Stannard Place, St Crispins Rd
Norwich
NR3 1YE
Why choose Stowe Family Law?
- We’re the only national law firm 100% dedicated to family matters, which means our family lawyers have a huge depth and variety of experience in this sector.
- We take pride in offering an empathic, understanding approach to support you and your family during your case.
- You’ll be kept in the loop throughout the process and our family lawyers won’t use technical jargon to complicate things further.
- We are authorised and regulated by the Solicitors Regulation Authority (SRA) and are listed amongst The Legal 500
- We’re proud to have been shortlisted for national awards and been named Family Law Firm of the Year by the Hampshire Law Society and at the Yorkshire Legal Awards.
- We’re rated ‘Excellent’ on Trustpilot, based on hundreds of reviews from past clients.
- You can access our wealth of helpful guides to support you with your family law queries.
Common questions about donor conception
Common questions about donor conception
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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.
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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.
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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.
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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.
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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).
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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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