Sperm donation and the law
Removal of anonymity
On the 1st of April 2005 a law came into effect with respect to sperm donation. Once donor-conceived people reach the age of 18 they are legally allowed to find out the identity of the sperm donor who donated to their parent(s). This ‘removal of anonymity’ law came about after studies carried out on adopted and donor-conceived children found that they benefitted emotionally from knowing who their biological parents were; regardless of whether they had any contact with them.
Whether you would be comfortable with a donor-conceived person knowing your identity (in the future) is the most important thing you must consider before deciding to donate.
You must also consider the advances in technology which mean that genetic relationships can be uncovered (accidentally or otherwise) via DNA sequencing and sharing websites such as 23andMe. Thinking ahead, a donor-conceived child is likely to have very easy access to services like this by the time they reach the age of 18. Bear in mind that even if you yourself do not submit your DNA to one of these services, any close biological relative of yours would still appear as ‘linked’ to such a donor-conceived child if both parties agreed to this level of information sharing.
How many children could be born from my donations?
Sperm from a single donor may be used to create a maximum of 10 families. There is no legal limit to the number of children that may be born within these 10 families, however people who need donor sperm and fertility treatment will rarely have more than two or three children. Some will have only one child.
Do I have any say about how my samples are used?
If you are only donating to someone you know then you can specify that you wish to donate to this recipient only. In this circumstance you would be acting as a ‘known donor’, and the recipient would be required to pay all costs associated with your recruitment and screening, and the storage of your samples.
It may be possible to place certain other restrictions on how your sperm is used, however none of these may be discriminatory based on age, disability, gender reassignment, marriage and civil partnership, race, religion or belief, sex, or sexual orientation.
What if I change my mind after I have provided samples for donation?
By law, when you donate you must consent in writing to your sperm being used in treatment. You are entitled to withdraw your consent up until the point at which your sperm is used for insemination or IVF treatment, or any embryos created from your donated sperm are transferred into a recipient. However, given that fertility treatment is costly, time-consuming, and highly emotionally and physically stressful for patients, it is important to be sure beforehand that you really want to donate.
Do I have any responsibilities towards a child created from my sperm?
You will have no legal obligations towards any child created from your donation. The person who received your donation (and their partner if they have one) will be the child’s legal and social parent(s). You will not be named on the birth certificate and will have no rights over how the child is brought up; nor could you ever be asked to contribute financially.
However, as you are genetically related to the child you may feel you have certain emotional and psychological responsibilities. Knowing about their genetic heritage helps people to make sense of who they are. This is why you are asked to give information about your family and medical history and to write something about yourself that a donor-conceived person can read when they are older.
The only other responsibility that donors have is to be open and honest about their medical history and that of their family members. If it is found you purposefully withheld information about this, you could technically be sued by a donor-conceived person or their family. However, this isn’t something you need to worry about as long as you are honest with us. We will get in touch with your GP practice to double check the details you give us.
What information can a donor-conceived child receive about their donor?
The parents of donor-conceived children can access the non-identifying information that you provide on your registration form at any time. Many of these parents will introduce the concept of donation to their child at a young age, so that the child will grow up with an understanding of the way in which they were conceived. The parents may or may not share what they know about you, and what type of person you are.
When a donor-conceived person reaches the age of 16 they can apply to the HFEA to gain access to this non-identifying information themselves. Only when a donor-conceived person reaches the age of 18 may they access the information that identifies you (your name, date of birth, and last known address).
If a donor-conceived person asks for this information about you, the HFEA will notify you that this information has been requested and provided. It is therefore important for you to keep your contact details up to date with us and the HFEA. The parents of donor-conceived children cannot access your identifying information directly at any time.
Can I get information about any children created through my donation?
If you wish to know, and in order to prepare you for what may happen in the future, we can tell you how many children have been born as a result of your donation, the sex of these children, and the year in which they were born. We cannot tell you their names or any other identifiable information. You will never be able to receive identifiable information about the children born through your donations unless they choose to try and contact you once they become an adult.