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Known donation and co-parenting (UK law)

Known donation and co-parenting arrangements cover a wide spectrum, including donation by relatives, donors with a hands-off role, and co-parents who share parenting.  If you are planning a known donation or co-parenting arrangement, it is important to set strong foundations. Planning and pre-conception agreements Disputes in known donation cases very commonly stem from underlying mismatched expectations. You should not rush into trying to conceive, and make sure that you discuss the roles...

Known donor disputes

Disputes about the donor or co-parent's role Disputes sometimes arise in known donation and co-parenting arrangements about the nature of the donor or co-parent's role.  This might involve questions about the frequency, purpose or nature of contact, or about whether a donor/co-parent should have parental responsibility.  Such disputes have historically involved known sperm donors/co-parent fathers seeking a greater role, but similar issues could also apply in respect of known egg dono...

Securing parental rights for co-parenting

If you have conceived through a co-parenting arrangement, you may want more than two people to have parental rights for your child. Legal parenthood Under UK law, a child can have a maximum of two legal parents.  The law dictates who the legal parents are; this is not open to agreement between the parties.  Find out more about how the law applies to co-parenting situtions. Adoption orders alter legal parenthood, but they are rarely used in co-parenting cases because they move rather...

Known donation - the importance of legal advice and counselling (Journal of the British Infertility Counselling Association, 2013)

Nicola's article, published in the journal of the British Infertility Counsellors' Association, discusses the importance of careful planning in known donation arrangements, both through counselling and legal advice

Lesbian parents and sperm donors in dispute (Family Law, Nov 2013)

Natalie's article, published in Family Law (journal for family lawyers) in November 2013, reviews the hype around the case of Re G and Re Z and assesses its significance for lesbian parents and other parents through donor conception.

YouTube link: BBC Radio 4 Woman’s Hour – known donation (November 2012)

Jenni Murray on BBC Radio 4 Woman's Hour discusses known sperm donation and what can go wrong with Natalie Gamble and Laura Witjens from the NGDT

Known donation on trial (Bionews, Feb 2012)

Natalie's article, published in Bionews in February 2012, discusses the risks of known donation arrangements and how the family court deals with them when things go wrong.

Fathers or donors? Friends who act as informal sperm donors (Bionews, Dec 2008)

Natalie's article, published in Bionews in December 2008, explains how the law works for men who act as known sperm donors, and what can be done to avoid problems arising.

Stonewall Pregnant Pause guide for lesbian and bisexual women

Natalie wrote the legal sections of Stonewall's well-known guide for lesbian couples considering starting a family together. It contains useful information on all the things to consider if you are thinking of starting a family.

Stonewall Gay Dads Guide

Gay rights charity Stonewall has produced a guide for gay dads starting a family. We were proud to help write the sections on surrogacy and co-parenting.

Known donation and co-parenting (Gay Star News, November 2014)

Richard's article, published in Gay Star News in November 2014, looks at known donation and co-parenting options and cases where things have gone wrong

Re G and Re Z (2013) - lesbian couple, both on birth certificate, known donor, contact application

This was the first case to involve a known donor to lesbian civil partners who were joint legal parents named on the birth certificate. Two sperm donors (who were not legal parents) obtained the court's leave to apply for contact, but were told that their expectation of a full parental role was 'wholly unrealistic'. The case was reported on the front page of the Daily Mail. We acted for the lesbian mothers in this case.

A v B and C (2012) - lesbian mothers, known donor, fathers may play a valuable role

The Court of Appeal upheld the position of a known father to a lesbian couple, rejecting the concept of principal and secondary parenting and saying there were no general principles apart from the child's welfare.

Re P and L (2011) - co-parenting, lesbian mothers, gay fathers, principal and secondary parenting

This case involved a protracted dispute between lesbian mothers and gay co-parent fathers, in dispute about the fathers' role. The court developed the concept of principal and secondary parenting to describe their roles, and said that the agreement between them should be given weight.

Re B (2007) - known sperm donor, uncle, lesbian parents, identity contact

A known donor to a lesbian couple who was the non-birth mother's brother applied for contact and was given identity contact four times per year.

Re D (2006) - known donor, lesbian parents, parental responsibility

This was the first UK case to deal with a dispute between lesbian parents and a known donor. The donor was given restricted parental responsibility, and the court said it should safeguard the nuclear family unit comprising the lesbian mothers.

Human Fertilisation and Embryology Act 2008

The Human Fertilisation and Embryology Act 2008 deals with parenthood law in surrogacy cases. Sections 33 to 53 set out who are treated as the legal parents when a child is born. Section 54 sets out the rules on parental orders.