Technological advances have allowed couples to have children who may once have remained childless. The law has therefore had to try and keep up with the new ways in which a child can be conceived and consider who should legally be regarded as a child's parent.
When a child is conceived with the use of a donor egg, it is the woman who carried the child during pregnancy who is regarded as the mother, rather than the women who donated her egg.
If a couple are able to conceive as a result of the woman being artificially inseminated with another man's sperm the male partner/spouse is treated as the father, provided certain conditions surrounding the treatment are met and he has consented to his wife/partner becoming pregnant in that way.
Since 2009 if a lesbian couple in a civil partnership have a child as a result of IVF or artificial insemination, they are both automatically the legal parents of the child, unless the civil partner who did not carry the baby never provided their consent to the treatment.
Where a lesbian couple who are not in a civil partnership have a child as a result of IVF or artificial insemination they will also still be treated as the parents of that child provided certain conditions about the treatment are met and the partner who did not undergo the treatment consented.
It is sometimes the case that donors (particularly if they are friends or family members) may want to have a role in the child's life, even though they would not be considered the parent of the child. It is advisable to discuss and decide in advance the way that the various relationships may work and you may consider agreeing to a parenting plan ahead of the birth. The family law team at Gateley are able to advise as to the content and legality of such a plan.
If you wish to discuss any of the issues in this area with us please call 0161 836 7700 or contact us by email at
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For family law advice and information generally you can refer to our website and follow us on twitter at @gateleyfamily
