# do donors 'give up' legal rights and responsibilities?



## leoaimee (Jun 3, 2008)

Or do they not actually have them in the first place?

Natgamble - could you clarify?  My partner and I are taking Gibraltar government to court, so my partner can be legally adopt our daughter - our lawyer has suggested the witness statement reads: 'the donor gave up his rights' but my understanding is he didnt have any to give up.  am i wrong?

our daughter was concieved LWC in 2008

thank you 

aimee


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## Beazie (Jan 30, 2011)

Hi Aimee,

All clinics in the UK, including LWC, are licensed by the HFEA, so as such they have to conform to HFEA standards which says a donor will not be the legal parent of any child born as a result of his/her donation: 
http://www.hfea.gov.uk/1972.html

However it appears the law is not clear when a single woman uses a donated embryo and she is not in a legally recognized relationship.

You might want to show your lawyers the relevant HFEA 2008 section and ask them to quote it in the document:
http://www.hfea.gov.uk/docs/8th_Code_of_Practice.pdf
Look for: Legal parenthood - Persons not to be treated as father

This is the website of a solicitor firm specialising in fertility and parenting law: http://www.nataliegambleassociates.co.uk

All the best


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fertilityfriends.co.uk or its owners are not responsible for the content of external internet sites


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## leoaimee (Jun 3, 2008)

thanks beazie - i have emailed natalie x


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## NatGamble (Mar 1, 2007)

Hi guys
We have emailed too, but just for the benefit of anyone else interested in this, the answer is that a sperm donor registered with a clinic in the UK licensed by the HFEA is 'not the legal father' for any purpose, by law, as long as he signs the right consent forms at the clinic and is giving his sperm for donation rather than for his own treatment.  It's not really a question of him 'giving up' his rights and responsibilities - he never has them.
Natalie


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