In this series of articles we are talking about parental responsibility, this article focuses on embryo donation. For more information on what parental responsibility is, please see the first article in this series.
What is embryo donation?
A couple (or individual) who have had fertility treatment may have frozen embryos left at the end of their treatment that they have not used. They may decide to donate these embryos to another couple or a single woman so that they can have children. Whether they are able to donate these embryos will depend on a number of factors (and the fertility clinic should be able to discuss this with them). If a donated embryo is placed in another woman this is sometimes referred to as embryo transfer.
Do the embryo donors have parental responsibility?
The woman whose eggs were used to create the embryo will not have parental responsibility for any child born as a result of the embryo donation.
The man whose sperm was used to create the embryo will not be treated as the father and will not have parental responsibility for any child born as a result of the embryo donation if:
- They have donated sperm in a licenced fertility clinic in the UK and provided the required consent; or
- Another man or woman is treated as the child’s father or second legal parent (please see ‘Does anyone else have parental responsibility in embryo donation?’ below).
Does the birth mother have parental responsibility?
Yes. The mother who gave birth to the child will have parental responsibility for the child if they have used a donated embryo.
Does anyone else have parental responsibility in embryo donation?
If the birth mother and their partner are married or in a civil partnership at the time of the embryo transfer then the partner will be treated as the father or (if they are female) second legal parent (unless it is shown that the partner did not consent to the embryo transfer). They will also have parental responsibility for the child.
If the birth mother is not marred to or in a civil partnership with their partner at the time of the embryo transfer then the partner will only be treated as the father or (if they are female) second legal parent if certain conditions are met. These conditions include (but are not limited to) the embryo being placed in the birth mother at a licenced fertility clinic in the UK and notices of consent stating that the partner is to be treated as the father or second parent being provided to the clinic. The partner will then need to be registered on the child’s birth certificate to have parental responsibility.
If the embryo is placed in the birth mother at a clinic outside the UK and they are not married to or in a civil partnership with their partner, the partner will not be treated as the father (or if they are female) second legal parent in the UK. This means that they cannot then be registered on the birth certificate and will not have parental responsibility. The partner could consider adopting the child to gain parental responsibility.
If you need more information or advice on issues surrounding Parental Responsibility, please contact our Children team.
This article is part of a series on Parental Responsibility. If you would like to learn more about Parental Responsibility, please click here for the full series.