Legalities of sperm donation - free sperm donor legal issues
Legal Issues Relating to Sperm Donation
Not sure about the legalities of private sperm donation
in your country? Use this to ask questions and a lawyer will
answer them for as little as £11 (you choose what you pay -
and only pay when satisfied with the answer)
Choose a family law specialist for your country
When
you buy sperm from a legitimate USA sperm bank/ company/ organization
the sperm donor usually remains anonymous. A third party
screens the donor,
arranges all financial and legal
arrangements and other than often being
fairly expensive,
this is a relatively safe way of trying to conceive
without a
male partner, by artificial insemination.
Many USA sperm banks will ship
to your home address, although some will
only send sperm to your doctor.
When you buy or are provided with sperm from a sperm
bank/
regulated organization then the sperm donor assumes
no responsibility
or liability for any child conceived
by his donations.
Likewise, he has no
rights to any
child
conceived by his donations.
All donor information is completely confidential. Donor
files are
coded to assure confidentiality of information
and access to the files
is restricted. The identity
of the sperm donor is not revealed to any
recipient
- likewise, the identity of any recipient may
not be
disclosed to the sperm donor.
For several years the impact of these arrangements, on the child, was not clear. We now know that very few donor conceived children (not adults) support anonymous sperm donation, or do not advocate for early and honest disclosure.
Pregnancy
through sperm donor insemination
What is it?
Donor
insemination is the process of a man donating sperm
so
that a woman can inseminate herself, or be inseminated by a health professional.
This can be
done
privately or in a clinic.
Who is doing it?
Lesbians and heterosexual couples with fertility problems. Single women. Gay or straight men who do not want an active role in their child's life may choose to donate sperm, as do men who only want a limited role as an 'uncle' figure.
What do you have to do?
Choose
a sperm donor carefully.
Get rigorous health checks before going ahead with any
pregnancy. All sperm from licensed facilities
is screened for Sexually
Transmitted Infections, including
HIV. You can also get a private sperm donor tested yourself.
If you are self inseminating, you will need a kit. You
can buy these here . You may want to contact a solicitor. Your legal position will differ
depending on
whether your children are conceived in
a regulated clinic
or a private arrangement- and on where you live and who you choose as a sperm donor.
Pros and cons
The
advantage of sperm donation for lesbian
couples
is that you can be parents, and yYour child will also be genetically
related to one of you.
However how will your child feel about having no involvement at all with the bio fahter? Would a link, that does not interfere with your parenting, be something that you could consider? Even if the child cant contact him until 18?
Sperm
and egg donors have now lost their right to anonymity in many countries - because of the information shared by DC people. The USA is the last to follow suit, pressumably as so driven by profit, regardless of what the children will want or need. .
Donor children should be able to find out
who their biological
parents are - at least when they turn 18. When the child was conceived through a sperm bank
the donor does not have a legal
or financial obligation to their child. This is different if the man is donating privately. The law does not recognise men as 'sperm donors' is not donating through a licensed clinic. A great deal of trust is therefore required- on both sides- that the parents will not sue for financial support, and the donor wil
not sue for contact or even custody.
There are also legal issues for lesbians as the social mother in many countries and states cannot be legally connected to her child. This is slowly changing however, as social parents raising the child are becoming more and more common, and the need to recognise this is becoming more apparent.
If
you use a private sperm donor you would not put his
name on
the birth certificate. Unless the sperm donor
for some reason
later requested a blood test and went
to court for PR he has no
parental rights while not
on the birth certificate and while he does
not actively
seek involvement.
If he has PR then technically he would gain custody
of the child
should the mother die - but he would have
to go to court to
request this, and this is granted
if it is in the best interest of
the child. And even
if he had PR and wanted full custody again
the child's
best interests are put forward.
You
can legally put into place who would take the role as
guardian
if you have a child from sperm donation That
is where you
(in advance, through court) appoint someone
to take immediate
guardianship of your child in the
event that you are incapacitated or
dead. If say your
mother or partner was set up as a standby guardian
for
the child s/he would have immediate guardianship, and
bio-dad's
position would be a little weaker. In addition,
your mother or partner
wouldn't have to go to court
after your death. The guardianship
would already be
legally in place.
However if the sperm donor decided he wanted to be a
part of the
child's life then he has the same right
as if they had sex, regardless
of any papers signed
by both parties. This also means that technically
the
woman or couple could go after the sperm donor for financial
support.
Also note that technically a child conceived
through donor conception
has the same rights when the
sperm donor dies- is they could
come forward for inheritance.
It
is advisable that you sign a written agreement
between the
people involved.
It isn’t legally
enforceable, but it is important evidence of
your intentions.
An example of a document drawn
up by a previous
donor and recipient on the site can be seen by clicking in
the 'Members Only' part within
your control panel.
Simply modify this according to your own arrangement
and circumstances. We now suggest putting an email rather than fully contact details- so that neither party can be traced - but you can retain contact.
UK/ USA/ Australia/ Other / Discussions and Articles
USA legislation - sperm donation
Sperm donation in the USA especially has been around a long time and was codified by the CA legislature in 1992. Family code section 7613 covers donations made under the supervision of a licensed physician.
There are two main aspects of this code section. Section (a) discusses the recognition of the husband as the legal father.
“If, … with the consent of her husband, a wife is inseminated artificially with semen donated by a man not her husband, the husband is treated
in law as if he were the natural father of a child thereby conceived.”
If an insemination takes place with an unmarried woman, without a doctor’s supervision, the sperm “donor” will be considered the father and will have those rights and responsibilities. If the recipient of the donation is married, the situation is not as clear as there are a number of other statutes to be considered which will dictate outcome.
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Email
us with any useful information
relating to the legal
issues surrounding private sperm
donation,
donor conception, in your country - thank you
We
found this useful quote, and although Free Sperm Donations
Worldwide attempt to offer an alternative solution to
becoming pregnant-
ie message boards for people looking
for sperm donors to meet with private
sperm donors,
and make their own arrangements- we do urge you to take
note of this useful advice.
HFEA Chair, Suzi Leather says:
“The HFEA cannot guarantee good laboratory practices and safe testing of donated sperm from unlicensed donation services. We would strongly advise women using donated sperm to ensure it has been adequately screened to standards recommended in professional guidelines. Women wishing to use donated sperm are advised to do so through an HFEA licensed clinic where donated sperm is thoroughly tested and legal parentage is set down in law.”
Proper screening requires sperm to be frozen and quarantined
in a licensed
storage facility before it can be used
for treatment. This quarantine process
requires a licence
from the HFEA, therefore sperm from unlicensed services
cannot have been quarantined and properly screened.
Current HFEA guidelines
recommend that donated sperm
should be quarantined for at least 180 days
in order
to detect infections such as HIV.
The following story was released Dec 3 2007- we will keep an eye out to see what happens regarding family law within the UK in this respect.
Luckily for our donors (and members) we have a free legal doc to modify and use - passed on by a valued FSDW donor who had concerns in this regard. As
Natalie Gamble- UK family law specialist- states, you really need to ensure that your interntions are clearly defined. So please make use of it!
Emma (FSDW Site Creator)
Sperm donor pays maintenance to lesbians
By Graham Tibbetts
Source |
And this was the other side of the story! - December 4 2007
Why fireman sperm donor
MUST pay to raise our children,
by lesbian mother
By ANDREW LEVY
The lesbian mother of two children conceived with a friend's sperm yesterday denied it is unfair to make him pay for their upbringing.
Terri Arnold, 25, had a boy and a girl after fireman Andy Bathie agreed to take part in a home insemination.
Bathie now has to pay £450 a month toward bringing up the two children produced using his sperm.
He insisted he was only a donor and did not want take an active role in raising the youngsters.
But the mother has hit back, claiming the 37-year-old changed his mind and regularly saw his four-year-old daughter.Terri Arnold, from Clacton, Essex, said Mr Bathie would take the girl to stay with him overnight and even took paternity leave to care for her.
She said: "At first the idea was that he wasn't going to have anything to do with the children. He said he was going to draw up a contract saying he had no responsibility for the children and that he would be Uncle Andy.
"He was Uncle Andy but after the christening he said he didn't want to be the uncle - he wanted to be the daddy. He was seeing her roughly once a month - she would stay over at his house.”
The mother of two became pregnant after a DIY artificial insemination. She said Mr Bathie originally wanted nothing to do with his daughter, who is now four, but started seeing her regularly after her christening when she was five months.
Ms Arnold said: "We were going to go to a clinic (to arrange a sperm donor), we approached our GP about it, but then Andy offered. He said it was probably his only chance to be a father. Andy was a friend of my partner and we trusted him.
Scroll down for more...
Lesbian mother Terri Arnold (left) and her former lover Sharon Arnold
"We've got photographs of our little girl at his home, we've got a box full of birthday and Christmas cards from him saying 'from daddy'. He bought her a silver trinket box and engraved it 'daddy'. He had been seeing her for two years, she became very attached to him.”
Ms Arnold said Mr Bathie helped pay for his daughter's pram and shoes and regularly bought her presents.
Two years after her birth Mr Bathie became the couple's sperm donor for a second time and Ms Arnold gave birth to a boy. He suffers from a serious digestive problem, which is being treated at Great Ormond Street Hospital.
Mrs Arnold, 25, said: "When we had the second child, we had a long discussion about it and we agreed he was going to have the same responsibility and he said, 'Fine, I'd love to have another one'. He went into it with his eyes wide open.”
Mrs Arnold gave birth to the second baby, a boy, at Colchester Hospital in Essex, in October 2005. She claims Mr Bathie asked to be present and even took paternity leave from the fire service to look after the elder child.
Mrs Arnold, who has since split from her partner, said that shortly after the birth of the boy, now two, Mr Bathie stopped seeing his children.
She said the fireman is not named as the children's father on their birth certificates but claims she was forced to give his name to the Child Support Agency (CSA) when they threatened to cut her income support.
Ms Arnold also stresses that she would be pursuing the case even if she and her partner were still together.
She said: "At the end of the day, he walked away. He knew full well. It is not like the CSA contacted him out of the blue.
"My son was diagnosed with a disability after he was born. He was still seeing my daughter on a regular basis. I couldn't return to work because of my son being in hospital so much.
"I was then informed by the CSA that if I did not give the father's details then my income support would be cut down, and I wouldn't be able to afford to live.
"How can be turn his back on his disabled son?”
She added: "He's portrayed me as just being after his money but I'm not. I don't care about his money - I just care about my kids, his kids.
"You can't play at being a dad for two years and then just leave. Our little girl kept asking when she was going to see her daddy again - what can you say to a child?
"The money is not for me, it's for their food, clothes and shoes. This is about a principle and I'll fight all the way. He wanted to be a father but he doesn't want the financial responsibility.”
Mr Bathie, from Enfield, has launched a legal challenge, thought to be the first of its kind, so that he is not recognised as a legal parent to the children.
He said he cannot afford to start a family of his own because of the thousands of pounds he has to pay in child maintenance.
He said: "These women wanted to be parents and take on all the responsibilities that brings. I would never have agreed to this unless they had been living as a committed family.
“I am already paying for a family…I'm not a high-flying City banker.”
But Ms Arnold today expressed her surprise at his desire for his own children, claiming he had told her and her partner that he did not want any.
"That's funny because just before he stopped seeing his daughter, he informed us that he and his girlfriend at the time did not want children," she said.
Mr Bathie said: "I don't have any particular ill will. It's the fact that I still even now don't see why I should have to pay for another couple's children."
Hmm... well he cant have the good parts of being a father and
not the responsibilities that go with that.
You either decide at the beginning you want to be known by the children
as 'Daddy' - or you dont.
Australia legislation
We found this page and site very useful and informative.
Australian Legislation on Donor Conception
The practice of donor conception has been used as a method
of reproductive
technology for decades in Australia. Indeed
donor insemination may well have
been used as early as
the first decade of the 20th Century. It has been for
the
most part conducted in secrecy with donors remaining
anonymous. The
majority of parents maintained the secrecy
suggested to them by medical
practitioners by not telling
their donor conceived children the truth
about their parentage.
The answer is yes, but a very qualified yes.
Discussion and Useful related articles
Which
bring us round to the legal implications of a private
sperm donation arrangement.
More and more often we hear of 'friends' that
have donated, we see adverts placed in local and national
newspapers for women
/ couples looking for sperm donors.
This is in part why Emma created this site.
You cant avoid what is happening- there are certainly
more and more women who
are no longer happy to 'wait
for Mr Right' and want to know that they will have
a
child before the become older and chances becomes
slimmer. Lesbian couples
are no longer willing to
conform to what some elements of society expects,
and
want the opportunity to parent without a male
sexual partner.
Sperm Donors Worldwide therefore aim to provide help
and advice, and a wider
range of sperm donor choices,
for those wishing to opt out of the sperm bank route,
and yet still wish to conceive artificially.
The legislation shown above covers anonymous sperm
donation and donor
conception using a sperm bank-
ie a government regulated group, or
under a qualified
medical practitioner.
This arrangement can get complicated as generally speaking, in the UK, USA, Europe, Australia and New Zealand (our covered countries) the law only protects
sperm bank sperm donors from legal obligations.
The first thing you should do is make a clear contract between both parties, setting out your intention and the terms of your arrangement.
If this is not possible - ie such a document would not stand up in court- then it is even more important that you meet and trust your donr- and vice versa. All parties
must be happy with the arrangements before you go ahead.
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Research on Donors and Offspring
fact, not the man who raised them. Male infertility was a taboo subject and it was widely felt that the children simply didn't need to know.
access their medical history and contact their biological fathers. Two recent studies in the medical journal, Human Reproduction raise issues for countries considering legislation on a child's right to know.
Questions
about sperm donation for our web site?
Please email us - info@sperm-donors-worldwide.com