Informal Sperm Donation in Northern Ireland

Informal Sperm Donation in Northern Ireland

Key Provisions:

• Parentage:
  • Under the Human Fertilisation and Embryology Act 1990 (as amended 2008):
    • “The woman who … has carried a child as a result of the placing in her of an embryo or of sperm and eggs … is to be treated as the mother of the child” (Section 33(1)).
    • If married, the husband is the legal father if he consented to the insemination (Section 35(1)), unless consent is disproven.
    • If in a civil partnership, the partner is the second parent if she consented (Section 42(1)), unless rebutted.
    • Informal donors (outside licensed clinics) may be the legal father if no spouse/partner consent applies—clinic donors are exempt (Section 41(1)).
• Assisted Reproduction:
  • The Human Fertilisation and Embryology Act 1990 states: “A man who donates sperm … through a licensed clinic is not to be treated as the father” (Section 41(1)). Note: Informal donation lacks this exemption—parentage may revert to common law or Sections 35/42.
  • The HFEA 2008 bolsters clinic protections but leaves informal arrangements open to legal risk.
• Sperm Donor Agreements:
  • For single recipients, informal donors may be legal fathers—private agreements aren’t binding under Northern Irish law, as reflected in Re G (A Child) [2013] NIFam 8, where child welfare outweighed donor intent.
  • For partnered recipients, the spouse/partner is the second parent if consenting (Section 35; Section 42), but informal donors risk liability if consent is absent.
  • Case Law: In Re T (A Child) [2017] NIFam 8, an informal donor’s role was contested, showing agreements’ limited enforceability.
• Financial Responsibility:
  • If deemed the legal father, an informal donor owes maintenance under the Children (Northern Ireland) Order 1995 (Article 5), enforced via the UK-wide Child Support Act 1991 (Section 1).
  • Clinic donors are exempt (Section 41), but informal donors face potential liability—e.g., if contact implies parental intent.
• Regulation and Risks:
  • The HFEA 1990 limits clinic donors to 10 families (HFEA Guidance). Informal donation is unregulated—no health screenings or family caps apply.
  • Case Law: Re P (A Child) [2020] NIFam 3 addressed an informal donation dispute, highlighting legal and genetic risks.