Best practice to safely conceive using donor sperm
A recent BBC News report has cast light on the world of sperm donation and the importance of properly considering matters prior to conceiving a child outside of a licenced clinic.
Mr Robert Albon who names himself ‘Joe Donor’ claims to have fathered approximately 180 children worldwide by selling his sperm internationally. In recent years, this all came to a head in England and Wales when he made a declaration of parentage application to the Family Court so that he could be named as father on the birth certificate of one of the children born through the donation of his sperm. It is of note that Mr Albon had also previously been involved with the police and/or litigation in relation to at least seven other families where children have been born through his sperm.
Whilst the court dismissed Mr Albon’s application in the recent case of Re N (Paternity): Unregulated Sperm Donor) [2026] EWHC 878 (Fam) as to grant his application would not be in the best interests of the child in question, this understandably caused extreme distress and anxiety for the registered parents of the child. It is also important to note that this judgement does not mean that all future applications by unregulated sperm donors to be recognised as fathers would be dismissed in the same way.
Why are UK licenced clinics important?
Unregulated sperm is generally considered as any sperm which is not used through a licenced clinic. Licenced clinics are important as they must follow the appropriate UK regulations which are in place to properly safeguard the child and their family.
All licenced clinics will test the donor for infectious diseases such as chlamydia, HIV and Hepatitis and screen for genetic disorders to ensure that there are no health concerns which could potentially put you and your child at risk. Licenced clinics will also register the sperm donation to ensure that sperm from a singular donor can only be used to create a maximum of 10 families. This registration is important to minimise the risk of incest later down the line when the children of sperm donor families are adults and entering their own relationships. Meticulous records are also kept so that donor-conceived children can later obtain details of their biological father and siblings.
By conceiving through a clinic, it also ensures that proper legal safeguards are in place to prevent the donor from claiming parental rights by virtue of being their biological father. These legal safeguards go both ways. For example, if you have been requested by a friend or family member to donate sperm, by donating through a licenced clinic this ensures that you do not have any legal or financial obligation to the child as you will not be considered as a legal parent when the child is born.
On the other hand, if a baby is conceived with donor sperm outside of a UK licenced clinic, such as at home, then if the mother of the child is unmarried, the donor will be considered the child’s second legal parent. If the donor is named on the birth certificate, then they will also acquire parental responsibility. The donor, as a legal parent, may be liable for financial claims to include child maintenance and future Inheritance Act claims.
There are many families which require sperm donation, whether that is because they are a same sex couple, single parent, trans man or have health issues which effect their sperm production. However, it is important to consider from where and whom this sperm originates from.
Can I conceive with a known sperm donor?
Some couples may prefer to use a known sperm donor or to obtain sperm from a donor in an informal setting, often due to financial restraints. However, it is important to be aware that there are many risks when proceeding with conception outside of a licenced clinic if using donor sperm. Whilst it might initially appear to be a cheaper and easier option, it is clear from the example of Mr Albon that this might not turn out to be the case later down the line.
When conceiving with a known donor, it is extremely important that all parties know what to expect from the arrangement, and what their respective roles and responsibilities will be when a donor conceived child is born. It is imperative that thought is given to all issues pre-conception and that any agreement is recorded in writing if possible.
Although donor agreements/pre-conception agreements are not legally binding, they are extremely helpful in setting out a framework in relation to each of the parties’ roles. Recent case law has confirmed that judges will give proper weight to these agreements if the court is asked to make a decision regarding the arrangements for a child.
Therefore, if you are considering the use of a sperm donor, whether regulated or unregulated, it is essential that you seek legal advice prior to conception and our Family team would be delighted to assist.
