Last week, we discussed the 2005 change in the law which enabled donor-conceived individuals to acquire information about their donor via the HFEA upon reaching 18, where they had been conceived through a formal/clinic (and previously anonymous) route.
As that change reaches 18 this year, 2023 will mark the year that some donors and donor-conceived individuals make contact for the first time.
When the change came in, there was a lot of discussion about whether it would lead to a drop in donors, and how people would feel about the fact they could no longer remain anonymous. Of course, the subsequent rise of the home DNA and ancestry market has in any event removed some of the ability to stay anonymous, regardless of the change in law. This is one of many important points to consider when deciding whether to donate, or conceive, using donor gametes and if so, whether to do so formally (eg via a clinic) or informally.
One of the biggest differences between formal (unknown) and informal (known) donation is legal parenthood. Anyone who is considering donor conception needs to understand how legal parenthood is assigned as between the adults involved: who will be a legal parent, who is eligible to be a legal parent if the conditions are satisfied, and who will not be able to be classed as a legal parent. The law does not always work in a way that people expect, which can lead to upset further down the line. Quite aside from the psychological significance of legal parenthood, it has important implications for birth records, inheritance, and financial obligations, to name a few. It is also linked to parental responsibility and contact, though is not determinative on those issues. Knowing where you stand from the start can make sure the arrangement is right for your circumstances.
Other important things to consider will include:
- Costs;
- Health considerations and concerns/screening;
- The relationship you want to have with your donor or the child;
- The risk of not knowing how many other genetic siblings the child may have, or where;
- The psychological and emotional implications of the amount of information and level of contact you have/could have.
Another important point to understand is that donation agreements are not in themselves legally binding, nor do they assign parenthood. They are undoubtedly useful and important for many reasons, but they are in essence a record of the agreement reached and what everyone involves intends for the future, rather than what will be the case, which is why it is important to understand the legal framework within which that agreement is made.
If you are considering donation, whether as a donor, or as a method to build your family and you have questions, our experienced Family Law Team can help.
