Known Sperm Donation Laws to Consider in the UK

This article is meant as a guide. We always recommend that you seek legal advice from a lawyer in your region to understand the legal consequences of private or known sperm donation.

Choosing a known sperm donor can be an empowering way to build a family - whether you are a solo mother by choice, part of an LGBTQ+ couple, or a heterosexual couple facing fertility challenges. However, in the UK, the method of conception and the legal status of your relationship play a critical role in deciding who the legal parents are and what rights the donor may or may not have. It is therefore important that all parties involved seek legal advice before embarking on a known donation arrangement.

What does legal parenthood mean?

A legal parent has rights and responsibilities for the child under UK law. This includes financial responsibility (such as paying child maintenance), inheritance rights, and being involved in key decisions about the child’s upbringing, including schooling, healthcare, and where they live. Importantly, a child can only have two legal parents, so determining who holds this status at the time of conception is crucial.

Known Donor Laws Breakdown by Donation Method

How conception happens matters. The most common conception method chosen in private donation agreements is home insemination (DIY insemination). Other options include using a licensed fertility clinic or sexual intercourse, also referred to as “natural insemination”. The legal outcomes for donors and parents are very different depending on the method.

Licensed Fertility Clinics

If you use a known donor at an HFEA-licensed fertility clinic, the law is clearer:

• The birth mother is always a legal parent.

• If the birth mother is married or in a civil partnership, her spouse or partner will usually be the second legal parent (unless they did not consent).

• The donor is not a legal parent and has no financial responsibility or parental rights.

• Donors are screened for infections and genetic conditions, and legal consent paperwork protects all parties.

Using a licensed clinic gives you the strongest legal and medical safeguards. However, using a known donor through a fertility clinic means that you need to follow the process set by the clinic, which involves medical testing on the known donor and freezing sperm. This route includes higher costs and often takes a longer time.

DIY Home Insemination

At-home insemination offers flexibility and privacy, but lacks the medical oversight of clinics, making clear agreements and testing especially important. If insemination happens at home with a syringe or similar method:

• The birth mother is always the legal parent.

• If the birth mother is unmarried or not in a civil partnership, the known donor is considered the legal father.

• If the birth mother is married or in a civil partnership and the non-birth partner consents to become the second parent, the known donor is not considered the legal father. In this case, it is advised to seek legal clarity ahead of the donation.

Sexual Intercourse (“Natural Insemination”)

From a legal perspective, this is not donor conception but fatherhood. If conception happens through intercourse:

• The donor is always the legal father, regardless of marital status or any private agreement.

• This means he could be liable for child maintenance, gain parental responsibility, and apply to the court for contact or residence.

Written Known Donation Agreements

Many families choose a Known Donor Agreement to record everyone’s intentions before the donation takes place. These agreements are not legally binding in the UK, but they can be valuable if disputes arise and can help avoid misunderstandings from the start. The agreement might cover:

• Whether the donor will have a role in the child’s life.

• Who will be named on the birth certificate.

• Financial responsibilities, or the agreement of none.

Best Practices for Known Donation in the UK

If you are considering a known donor in the UK:

✅ Get independent legal advice before conception and ask the other party to do the same.

✅ Draft a Known Donor Agreement and potentially a Parenting Plan.

✅ Ensure health and STI screenings are completed. Learn more in our guide on Safety Tips.

✅ Be clear from the start about roles, expectations, and contact.

✅ If opting for clinic insemination, use an HFEA-licensed clinic whenever possible.

Conclusion

Known sperm donation is chosen by many families because it allows a more personal connection, more control, and a more open story for their future children. But in the UK, the legal and medical framework matters enormously. The “safest” route remains to choose clinic insemination via a licensed fertility clinic, but private arrangements can also work well if approached with clear agreements, legal advice, and medical screenings.

By understanding the law, setting expectations early, and prioritising safety, you can build your family while honouring the values that matter most to you.

Sources:

• Family Law Week - The Rise of Sperm Donation Apps

• Family Law Partners - Using a Known Sperm Donor

• HFEA - Home Insemination with Donor Sperm