Hfea Legal Parenthood Leaflet
Your partner should only be listed on the birth certificate if they are your child`s legal parent. If they are not your child`s legal parent, they may not have the right to make important decisions about topics such as school, medical treatment, and religious education. However, if you are not married to your partner or live in a civil partnership with them, they are not automatically the legal parent unless you both consent to it before treatment (before the sperm is fertilized or the embryo is transferred). A woman who gives birth in the UK is recognised as the mother/legal parent of that child. Under UK law, the sperm donor is not considered the legal father of a child born after the use of his sperm in an approved clinic and therefore has no legal, financial or parental obligation to the resulting child or children. It is important that before starting treatment with donor sperm, you are fully aware of the legal implications depending on your personal situation. Your clinic will need to provide you and your partner with information about legal parenting and its importance, and give you the opportunity to seek advice so that you both fully understand the implications of the decision you are making. Once they have done so, you must both give your written consent. To this end, we provide clinics with special forms. If you are a single woman who wants to become single parents, you do not need to consent to legal parenthood if you are undergoing treatment with donated sperm at a licensed clinic in the UK.
When you give birth to children, you are automatically the mother and the donor has no legal rights or obligations towards your children. Yes, you can withdraw your consent for your partner to be the legal parent. Your partner can also revoke their consent to be the legal parent. This can only be done before treatment. In these circumstances, if you continue treatment and give birth, you will be a legal parent, but not your partner. You can agree that another person is the parent before treatment. You don`t have to be married or in a registered partnership for the woman`s partner to be recognized as the legal father or second parent of a child, but you do need to make sure you and your partner sign the right consent forms. In the case of heterosexual or same-sex couples who are not married or in a legally binding partnership, both partners must agree that the woman`s partner is the child`s second parent in order for them to be legally recognized as such. The woman must complete the WP consent form and the second parent must complete the PYP consent form.
When you give birth to a child, you are automatically the mother and legal parent. If you are married to a sperm or embryo donation or if you live in a registered partnership before the fertility treatment, your partner is automatically also the legal parent, unless they do not consent to the treatment. If you are with your partner, it is important that you both give your consent before treatment so that they are your child`s legal parent. Learn more about legal parenting and why it`s so important. If you are unsure of any of this information or would like a more detailed consultation, please contact your clinic. If you fertilize in a private institution or are treated or live abroad, different rules may apply and you should seek your own legal advice. You do not need to have a partner to be treated with donor sperm. If you seek treatment in an HFEA approved unit, you will be treated as your child`s sole parent and the donor has no legal rights or obligations.
If you are legally married or in a registered partnership, but you have ended the relationship and are planning fertility treatment with someone else, it is very important that you inform your clinic of your situation so that they can ensure that all relevant consents are recorded. If a married woman undergoes fertility treatment with donor sperm at an HFEA-approved fertility centre, her husband is considered the father of a child born as a result of that treatment, unless he expressly disagrees with the treatment. No legal parenting form is required. If a married woman requests the above treatment, but her husband does not agree, she must complete the HFEA LC form. However, in the event of a dispute, this does NOT necessarily mean that the separated husband will not be the legal father. If an argument arose, the woman could use this form to prove her husband`s lack of consent at the time of treatment. Would you like to print this information? Download our brochure “Become the legal parent of your child” (PDF 632 KB) If you do not give your consent correctly, your partner`s legal parent status may be challenged. It is highly recommended that you seek your own legal advice on parenting prior to treatment. This also applies if you are not in a relationship, but have decided to be with someone. If the other person is related to you, you should seek legal advice, as they may not be a legal parent. Legal parenthood provides a legal parent-child bond for life that affects a variety of areas such as your child`s nationality, inheritance, and your financial responsibility to your child. It is also important for your child to be clear about who their legal parents are.
It is your responsibility and it is strongly recommended that you seek legal advice before proceeding in certain cases, as explained above, as to how the law applies to your particular case. This is probably not necessary if your situation is clearly covered by the law. However, you may feel that your situation is “different” and, in this case, legal advice can help you ensure that your wishes are properly recorded before you begin your treatment. Another resource is the Human Fertilization and Embryology Authority (HFEA) website in www.hfea.gov.uk. It is important that all consent forms are completed before treatment begins. We cannot begin treatment with donor sperm until legal parental consent forms have been completed and signed.