# legal question.



## 11th hour (Feb 4, 2006)

if someone signs a legal document to a) confirm that they are your partner and b) are agreeing to use donor sperm, what does this commit them to legally? what are the implications. does this mean that they can be chased through the courts for child maintenance even though they are not the biological father? etc etc.


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## ♥Jovial♥ (Feb 25, 2007)

Hi

I don't know but there's a solicitor on here who should be able to answer - go to Ask A Lawyer Board.

x


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## 11th hour (Feb 4, 2006)

yes but how? I t was my first idea... but.... I go to the board and it dosnt allow me to post a question, perhaps my status isnt correct or something. I cant even  work out how to contact the board moderator natgamble.


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## NatGamble (Mar 1, 2007)

Hi there

I've just been browsing the boards and found your question.  The reason you can't post on the Ask a Lawyer page is that posting is currently only open to VIP members (that was set up to stop me being swamped with queries at the outset, and may be changed at some point).  If you don't mind, I may move this over to the board so others can read it.

The answer to your question varies slightly according to your circumstances:

If you are an unmarried heterosexual couple, then your partner will be treated as the legal father of a child conceived with donor sperm provided you are having fertility treatment 'together'.  He can be pursued for financial contribution and will have all the other rights and responsibilities of a father, just as if he were the biological father.  

The question in determining whether this applies is not what forms you have signed, but whether, as a matter of fact, you are being treated 'together'.  The point of the clinic paperwork is to make the position clear (you are effectively declaring that you are a couple having treatment together) but it is not a legally binding document in itself.  There was one real case where an unmarried couple split up during IVF having put in place all the appropriate consent forms.  The court found that the couple were not having treatment together at the time of the second (successful) IVF cycle and that the boyfriend was therefore not the legal father.  Assuming you stay together and are both involved in treatment, however, the consent forms signed at the clinic will normally have the effect of making your partner your child's legal father, which means he is committing to all the rights and responsibilities (including financial) of fatherhood.

If you are married, the position is slightly different.  Your husband will be the legal father of a child conceived with donor sperm unless he does not consent to your treatment.  Again, the forms you sign will normally confirm that consent, but it is conceivable in unusual circumstances that you could be having treatment without his consent even if he has signed the paperwork (e.g. if you split up mid-treatment).  If he does consent to your treatment, he will be the legal father and have all the rights and responsibilities of fatherhood, including financial responsibility.

If you are a lesbian couple, the position is different again.  The law currently does not allow for any partner recognition, which means that signing consent forms at the clinic is entirely irrelevant to your partner's legal position.  She will not be recognised as a legal parent (unless you take further steps after the birth) and so cannot be pursued for financial contribution etc.

Phew - what a marathon answer!  I hope that's helpful, whatever your situation.  Feel free to post if you want me to clarify anything.

Natalie
[email protected]


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