Contact for Sperm Donor
Civil Partnerships, Family and Child Law
In a landmark ruling The Family Division allowed two sperm donors to make applications for contact with their biological children under section 8 of the Children Act 1989. Both the donors had acted for friends who were in Civil Partnerships.
Under the Human Fertilisation and Embryology Act 2008 (HFEA 2008), if a birth mother is in a Civil Partnership at the point of conception then both she and her partner would be recorded on the birth certificate as being the child’s legal parents. The donor would not be recognised as the legal parent despite being the biological parent. This is to maintain the principle that all children had no more than two legal parents.
The judgement means that couples who have conceived through a known donor have to face the fact that the donor can seek to have contact with their child and play a greater role than was intended or desired.
Donors however have to recognise that they are not legal parents and if they want to play a more active role they will have to apply to the courts unless agreement can be reached. They would then have to prove their connection to the child and take into account any potential disruption to the child’s life – the child’s welfare being of paramount importance.
This is a complex area of law and it is wise to seek legal advice and have an agreement put into place at the beginning to avoid future problems where possible.
Civil Partnership Solicitors and Lawyers Eastbourne, Hailsham, Polegate, East Sussex
If you would like advice on Civil Partnerships and children please contact our Family Law Department for a free initial appointment in Eastbourne 01323 727321, Hailsham 01323 841481 or Polegate 01323 487051.
