Who is my Parent?

The Human Fertilisation and Embryology Act 2008 came into force in April 2009. Whilst the Act provides legal guidelines for the Human Fertilisation and Embryology Authority, it also establishes new rules for parenthood in cases of fertility treatment.

Who is a child’s mother?

It is always the carrying mother. The Act makes it quite clear that the woman who carries a child “and no other” is the child’s legal mother. Therefore, if a woman conceives with donor eggs, the intended mother is the legal mother and the egg donor (the genetic mother) has no status as a parent.

The egg donors details will be retained on the Human Fertilisation and Embryology Authority Register of Information and are made available to the child in adulthood.

Who is a father?

This is normally the natural father but it is the husband where a mother conceives artificially with donor sperm (unless the husband did not consent) so, despite the father’s lack of genetic paternity, the carrying mother’s husband in a sperm donation case is the legal father.

Like the egg donor, the sperm donor has no status as a parent but his details (if conception occurred at a licensed clinic) are retained on the HFEA Register of Information and are made available to the child in adulthood.

What is the case for lesbian couples?

The 2008 Act provides the same rules and regulations for same sex couples as those governing heterosexual couples who conceive a child with donor sperm after April 2009.

This means that where a female civil partner conceives by artificial insemination her civil partner will be treated as the child’s parent (unless it can be shown she did not consent). Therefore, provided there is a civil partnership in place, there is a presumption that the non-birth mother is the parent. There is no requirement for the couple to conceive at a licensed clinic.

From 31st August 2009, both female and civil partners can be recorded on the child’s birth certificate which will convey Parental Responsibility Rights and also an obligation to pay maintenance if the parties separate.

For non-civil partners there are more problems. The non-birth mother will only be the child’s parent if the couple conceives at an HFEA Licensed Clinic and if the relevant written elections are in place at the time of conception.

And for the Donor Father?

These regulations mean that if a child has two female parents, as the law only allows for two legal parents the natural father’s status is therefore likely to be excluded.

13 SEPTEMBER 2009

For further information on Linder Myers expertise in dealing with the issues raised in this article please contact:

SUZANNE LURIE, PARTNER
FAMILY DEPARTMENT
0161 837 6854
suzanne.lurie@lindermyers.co.uk