LEGAL
I’VE DONATED SPERM, WILL I HAVE TO PAY?
LEGAL CLINIC
by Matt Parr
I am really concerned after reading about a man in the papers who donated
sperm to a lesbian couple some years ago who is now being chased by the CSA
who is demanding he pay towards the child’s upbringing, even though he’s not on
the child’s birth certificate. I’m in a similar situation. I donated sperm to a couple
10 years ago - and I’m wondering if they have any rights to make me pay for
their child. I’ve never met the child and I’m no longer in the couples’ life as I
moved towns a few years back. My name isn’t on the birth certificate and I’ve not
been a part of the child’s life at all. If they wanted to, could they get in contact
with the CSA and make me pay? Are there any legal protections for men like me?
Paul in Leicester
The answer to this
question is dependant
on whether you
donated the sperm
through a registered
Human Fertilisation &
Embryology Authority
(HFEA)-licensed clinic;
if you did then you are
not financially liable for
the child, nor do you
have any parental
responsibility for the child. If this is the case,
the birth mother will be the legal Mother and
her Civil-Partner will be the “second legal
parent” (but not “Mother” as the law does not
allow a person to have two legal “Mothers”).
If you feel that it is likely
action will be taken
against you, it is best to
be pro-active. In my
experience the CSA “like
a trier” and the worst
thing you could do would
be to bury your head in
the sand and hope it goes
away. Sometimes a
simple offer of some
contribution towards the
maintenance of the child will avoid often
lengthy, expensive court proceedings. I would
advise however that you seek the advice of a
specialist Solicitor in this area who would be
much better placed to give you a clearer picture
of your obligations.
If you donated the sperm without using a
(HFEA)-licensed clinic as an intermediary
This response is not intended to constitute
(such as an informal agreement
legal or other professional advice,
between friends or through an
and should not be relied on or
internet agency) then you would
treated as a substitute for
Have you got a
be deemed to be the child’s legal
specific advice relevant to
legal question?
father (whether or not you are
particular circumstances.
write to:
named on the birth certificate)
Individuals should always seek
a n d w o u l d b e o b l i g e d t o [email protected] l e g a l a d v i c e f r o m a
financially support the child as
professional which is specific to
necessary. Ultimately, the child’s
their unique set of
Mother may be able to bring a
circumstances. ∎
successful claim through the Child
Support Agency (CSA).
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