In this explainer
Who is the legal parent?
When you conceive through treatment at an HFEA-licensed clinic using donor sperm, the donor is not a legal parent of your child. The donor has no parental status, no parental rights or responsibilities and no obligation to pay child maintenance.
This is set out in the Human Fertilisation and Embryology Act 2008. For single women and unmarried couples, this protection only applies to treatment at a UK licensed clinic.
If you are solo and unmarried, you are the sole legal parent from birth. If you are married or in a civil partnership, your spouse or civil partner is normally the second legal parent unless they did not consent to the treatment. If you are a couple who are neither married nor in a civil partnership, the non-carrying partner becomes the second legal parent by signing the clinic's parenthood consent forms before treatment: ask your clinic about this before you start.
If you are single or unmarried and conceive at home or outside a UK licensed clinic, the donor is normally your child's legal father, with the rights and responsibilities that brings, whatever you agree in writing. If you are unmarried, your partner will not automatically be a legal parent. If you are married or in a civil partnership and conceive by artificial insemination, your spouse is normally the other legal parent unless they did not consent; this does not cover conception through sex. Get specialist legal advice before trying at home.
The donor's legal position
A sperm donor who donates through an HFEA-licensed clinic:
- Has no legal parental status
- Has no rights over any child conceived from their donation
- Has no obligation to financially support any child
- Cannot be named on the birth certificate
- Can be identified by a donor-conceived person who has reached 18, through the HFEA Register
Donors registered since 1 April 2005 cannot donate anonymously. Separately, a donor can withdraw consent to their sperm being used up to the point it is used.
Your child's right to information
The HFEA Register holds information about every licensed fertility treatment in the UK since 1 August 1991, including each donor's identifying details (name, date of birth, last known address at donation) and non-identifying details (physical description, year and country of birth, ethnicity, medical information, any personal statement). Your clinic reports your treatment to the Register; you do not need to register anything.
Access is by application to the HFEA, and applying is free:
- As a parent, you can apply now for non-identifying information about your donor and the number, sex and year of birth of donor siblings
- From 16, your child can apply for the same non-identifying information and the number, sex and year of birth of donor siblings
- From 18, your child can apply for the donor's name, date of birth and last known address, for donations made from 1 April 2005
- From 18, your child can join Donor Sibling Link to exchange contact details with donor siblings who have also joined
Neither the donor nor your child is obliged to respond to contact. The HFEA recommends talking to a qualified counsellor before applying for identifying information; some clinics offer a few free sessions, otherwise counselling is paid.
Because this information exists, and because consumer DNA tests can reveal a genetic connection without anyone applying for anything, the research and the HFEA both point the same way: tell your child early. Our guide on talking to your child covers how, and the Donor Conception Network publishes books for each family type.
Birth registration
If you are a solo parent, you register the birth as the sole parent and the birth certificate shows your name only; there is no donor entry. If there is a second legal parent through marriage, civil partnership or the clinic's parenthood consent forms, both names go on the birth certificate.
Whether to tell your GP about the donor conception is your choice.
If you are using a surrogate
The woman who gives birth is the legal mother, even after treatment at a licensed clinic (HFE Act 2008, section 33), and if she is married or in a civil partnership her spouse is normally the second legal parent. Legal parenthood passes to you through a parental order, which you apply for within 6 months of the birth (section 54). A single intended parent who is a biological parent of the child can apply alone (section 54A). Get specialist legal advice early.
Sources
- Human Fertilisation and Embryology Act 2008, Part 2 (parenthood) (opens in a new tab)
- Human Fertilisation and Embryology Act 2008, section 33 (meaning of mother) (opens in a new tab)
- Human Fertilisation and Embryology Act 2008, section 54 (parental orders: two applicants) (opens in a new tab)
- Human Fertilisation and Embryology Act 2008, section 54A (parental orders: one applicant) (opens in a new tab)
- HFEA, FAQs relating to unregulated sperm donation (opens in a new tab)
- HFEA, FAQs for donors, donor-conceived people and their parents (opens in a new tab)
- HFEA, Finding out about your donor (opens in a new tab)
- HFEA, Donor Sibling Link (opens in a new tab)
- HFEA, Donating your sperm (opens in a new tab)
Last reviewed 13 September 2026. General information, not medical or financial advice. Your clinic and a regulated adviser can advise on your situation.