Do Sperm Donors Have Parental Rights?
Angela Killa, Director in the Family team at JCP Solicitors, explains the legislation governing sperm donation.
In the UK, sperm donation is regulated by the Human Fertilisation and Embryology Authority (HFEA) which has registered clinics. Donors must be aged between 18-45, generally healthy, and must consent in writing to their sperm being used in treatment. It is illegal to pay for sperm donation, but expenses can be reimbursed.
Since 1st April 2005, the law changed to allow children to find out the identity of their sperm donor father once the child turns 18. This was known as the ‘removal of anonymity’ law, which was brought in following research which showed that children benefitted emotionally from knowing who their donor parent was.
Yet, despite stringent regulations governing sperm donation, it is legal in the UK to donate sperm outside of a HFEA clinic. Choosing an unregulated sperm donor can cause legal difficulty, as they may seek parental rights if they take the case the court.
Such was the situation of Robert Albon, whose case was recently seen before the High Court. Mr Albon, an unregulated sperm donor, sought parental rights of a child he fathered through natural insemination. Mr Albon is said to have fathered over 180 children across the world.
He had also been involved in a previous case before the Cardiff Family Court in 2023, where the judge in that case commented “The impression is of a man who has complete absence of sensitivity or empathy, is wholly self-centred and will stop at nothing to obtain what he wants” and was perceived by the Judge as “a man who seeks to control” and uses women as “a commodity”.
Sadly, the most recent and previous cases brought unimaginable stress to the children’s mothers, one of whom said she was left “broken” by the ordeal and who social services assessed as being vulnerable.
This was the fourth time US-born Mr Albon had sought parental rights of a child he had fathered as a sperm donor. There is a warrant for his arrest in the US over unpaid child maintenance amounting to thousands of dollars, and these latest case findings have been shared with the HFEA and the Home Office.
The case acts as a cautionary tale for those considering unregulated sperm donation. The potential court cases, while often (but not always) unsuccessful for the sperm donor themselves, can cause huge emotional turmoil and become costly for all parties.
If you are considering using a sperm donor and would like expert legal advice and guidance on this or any other family legal matters, JCP Solicitors can help. Email angela.killa@jcpsolicitors.co.uk or call 03333 208644.