| Sperm donors, Surrogacy, Adoption and Co-Parenting laws in the United Kingdom |
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Legislation in United States Ireland New Zealand South Africa Australia CanadaUK is one of the most advanced countries in the world regarding assisted reproduction laws and LGBT parenting right. Artificial insemination is opened both to single women and lesbians. Same sex couples can adopt jointly, meaning a child can have two gay dads or two lesbian mothers registered on its birth certificate. Yet altruistic surrogacy is not fully contemplated by the law, nor are coparenting agreements involving more than 2 parents.Donor Conception (embryo, egg and sperm donation) in UK |
General | The Human Fertilisation and Embryology Act of 1990 has been revised in 2008, some new rules apply since Apr 2009, the major one being the extent of parenthood to same sex couples. The law applies to England, Wales, Scotland and Northern Ireland. The HFEA established fixed compensation fees in October 2011 of £750 per cycle for egg donors and £35 per clinic visit for sperm donors . | Human Fertilisation and Embryology Act 1990 / Source: National Archives, UK Government: legislation.gov.uk Human Fertilisation and Embryology Act 2008: legislation.gov.uk |
Assisted Reproductive technology (artificial insemination, IVF, etc.) | Access to artificial insemination and other assisted reproduction techniques granted to all individuals, regardless of their marital status and sexual orientation. | Approved fertility clinics / Source: Human Fertilisation Embryology Authority (HFEA): guide.hfea.gov.uk |
Self-insemination | There is no law regulating self-insemination in the UK. Where fresh donated sperm is used outside of an HFEA licensed clinic, the general family law applies, meaning that, if the inseminated women is not involved in a relationship at the time of the insemination, the sperm donor sould be considered as the legal father of the donor conceived child. | Private Insemination Arrangement / Alternative Family Law: alternativefamilylaw.co.uk Legal responsibilities as egg, embryo or sperm donor / Source: HFEA: hfea.gov.uk |
Identifying information on embryo, egg and sperm donors | Since Apr 2005, egg and sperm donations can not be anonymous anymore. Gamete donors are to provide identifying information in order to respect the right of children to find out about their genetic origins. In the UK, egg and sperm donors are entitled to partial, non-identifying information about their donor-conceived offspring like sex and year of birth. Artifical insemination can be performed with the sperm of a known donor. | Information for Egg & Sperm Donors / Source: HFEA: hfea.gov.uk |
Paid or freem sperm donors? | Egg, embryo or sperm donations are altruistic acts. However since Apr 2006, gamete donors may claim expenses incurred in connection with the donation process and compensation for earnings losts. | National Gamete Donation Trust: ngdt.co.uk |
Surrogacy in the UK |
Altruistic surrogacy | Altruistic surrogacy is not banned as such in the UK but the law automically designates the surrogate mother as the legal mother of the child. Legal parenthood will be attributed to the intended father with the consent of the surrogate mother if she is unmarried and not involved in a civil partnership. | Surrogacy: Who are the parents of a surrogate born child? / Source: Natalie Gamble Associates: nataliegambleassociates.co.uk |
Commercial surrogacy | Commercial surrogacy is totally banned in the UK, as well as advertising for the search of a surrogate mother. | |
Surrogacy abroad | No international agreement exists at the time and, even if the surrogation happens in a country where it is legal, bringing back the child to the UK may result in a complicated, unsure process. Parenthood will not automatically be granted to the intended parents. | International surrogacy law: British couples going abroad for surrogacy / Source: Natalie Gamble Associates: nataliegambleassociates.co.uk |
Can gay dads have a surrogate child? | In a surrogacy, the biological father has the same legal status as a sperm donor. This means that he will be much more likely to obtain legal parenthood if the surrogate mother is officially single. The non-biological intended father will not be granted legal fatherhood but can, in some specific cases, be recognised a step parent or obtain a parentage order. | Surrogacy for gay couples: alternativefamilylaw.co.uk |
Adoption in the UK |
Access to general adoption | Single individuals, whether they are gay or not and same sex couples (jointly) can adopt in the UK. | Adoption and Children Act 2002 / Source: National Archives, UK Government: legislation.gov.uk All about adoption/ Source: British Association for Adoption & Fostering (BAAF): baaf.org.uk |
Step child adoption for same sex couples | Anyone, regardless of sexual orientation, is entitled to stepchild adoption when both birth parents consent. | Adopting a stepchild / Source: Directgov: direct.gov.uk |
Co-Parenting in the UK |
Only 2 co-parents involved | The woman who carries and gives birth to the child is by law the legal mother. The legal father or second parent is the person named on the "consent to parenthood form". | Legal Paternity after Sperm Donation for Lesbians / Alternative Family Law: alternativefamilylaw.co.uk |
More than 2 co-parents involved (e.g. 1 couple + 1 single or 2 couples) | A child can only have one legal mother (his birth mother) and one second parent (either the legal father or second mother). In some circunstances, a third person might obtain legal parental responsibilities (either as a step parent or involved sperm donor. Establishing a non-binding sperm donor or co-parenting agreement is advisable even though not legally recognized in the UK. | Co-Parenting / Alternative Family Law: alternativefamilylaw.co.uk |
Other links of interest
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