Journeys to parenthood can take many different roads, and for various reasons some individuals or couples will choose or need to go through sperm donation to successfully have a child. Sperm donation works through men donating gametes which can then be used for IVF or other fertility options.
Managing Partner Liza Gatrell explores the legal aspects of sperm donation.
If sperm donation takes place through a licenced clinic in the UK then it is regulated by the Human Fertilisation and Embryology Authority (HFEA).
HFEA has safety measures in place that include screening requirements and a limit to the number of families that each donor can donate to. Sperm donors must be between 18 and 46 and screened for a range of sexually transmitted and genetic diseases.
Donors are identifiable which means that information about them and the outcome of any treatment is kept on the HFEA’s Register of information. The donor has a right to ask whether any children have been conceived as a result of their donation, and if so, their sex and year of birth. However, the donor doesn’t have any right to contact information, the children born as a result of the donation are entitled to identifiable information about the donor when that child turns 18.
Risks of unregistered sperm donation
However, many people make private arrangements and choose not to use a registered fertility clinic, often because of the associated cost. In these circumstances the HFEA rules and regulations do not apply.
Hopeful parents-to-be can use platforms such as Facebook, internet forums and even a new app that has been launched with the purpose of ‘matchmaking’ with a sperm donor.
In England and Wales, it is not against the law to enter into one of these private arrangements. However, this is not to say there are not considerable risks for both donors and receivers.
When donors register with a clinic or as an individual, health testing takes place for certain genetic diseases. This is so that clinics can consider the welfare of any potential child and minimise the risk of inherited medical conditions. It also provides the intended parents with security and confidence.
Importantly from a legal perspective, when the donation takes place through a registered clinic, and a child is conceived, the sperm donor will not be a legal parent and will have no legal rights or responsibilities towards the child.
However, if the process happens outside of a registered clinic, there is far more risk associated. If the mother is not married, then the known donor would be the second legal parent, which means that they would be liable to pay child maintenance and could seek a relationship with the child, even if he is not named on the birth certificate.
There is increased risk from a medical perspective to both the mother and child, as there may not be proper health screening.
A recent case involved an American unregistered sperm donor, Robert Albon under the pseudonym ‘Joe Donor’, trying to assert parental responsibility and contact in relation to a child in England. It was deemed that his underlying motive was to support his immigration status in the UK. Albon claims to have fathered over 180 children worldwide.
If parties are not intending to use a registered fertility clinic then it is highly advisable, they consider a Known Donor Agreement. This agreement will help to set firm foundations and ensure that everyone has the same expectations when entering into the agreement. Whilst these agreements are not legally binding in the UK, which means that they cannot dictate legal parentage, they are invaluable at providing clear evidence of the parties’ intentions.
The Y Factor – sperm matchmaking app
A new app launched in June 2025 aims to pair up potential sperm donors with intended parents. The app is not regulated by HFEA and encourages donors and hopeful parents to bypass the laws and security measures that are in place.
In addition to the other risks usually associated with unregistered donors, the app promotes intercourse as a method of conception. Not only does this raise the issue of sexually transmitted diseases as there will not be health screening, but it could also lead to vulnerable people being victims of abuse.
Support for donors, children conceived through donation and others affected by donation is available through the Donor Conception Network and Donor Conceived UK.
