If you are considering using a sperm or egg donor to conceive a child, it is important to understand who will be treated as the child’s legal parents. It is crucial that everyone knows their legal status and gives thought to what role, if any, they will play in the child’s life. We regularly assist clients in preparing agreements when embarking on a form of assisted reproduction, with a view to helping prevent disputes or misunderstandings later down the line.
A pre-conception donor agreement (or “donor agreement” or “pre-conception contract”) is a document which outlines the terms and conditions agreed between the intended parent(s) and the person donating the gametes. The purpose of these agreements is to establish the rights, responsibilities and expectations of the people involved before the conception takes place, and encourage an open and frank discussion at the outset.
Our specialist lawyers are experienced in drafting these agreements to cater for the individual needs of our clients. Accordingly, agreements may be specific and detailed to include a number of factors intended parents and donors wish to record or they may simply address only the critical matters such as the role the donor will play in the child’s life and what financial responsibilities, if any, they will have. Every family and situation is different and we recognise the importance of getting it right for your family.
While agreements of this kind are not legally binding and therefore the family court is not obliged to follow them if the view is that an alternative arrangement is in the child’s best interests, they still provide clear evidence of what was discussed and intended before the child was conceived or born and may be persuasive in the event of a dispute. Our lawyers understand that certainty and confidence in donor conception arrangements are key and we can help you achieve this by establishing a strong framework from the beginning.
We recognise that donors provide an integral role in the creation of families, therefore our approach to the preparation of agreements is to balance the protection of the role of the parent(s) while recognising the importance of the donor and preserving and maintaining the relationships of those involved. We regularly work with other specialists in this area and can make introductions to other professionals you may need to call upon during your fertility journey.
Contact our specialist Family lawyers
If you require further information or advice from our team of specialist family lawyers, please contact a member of our team, email us or call us on +44 (0)20 7814 1200. Alternatively you can submit a brief online enquiry here.
Sital Fontenelle
Partner and Head of Department
Abby Buckland
Partner
Lauren Evans
Partner
Jane Keir
Partner
Will MacFarlane (Français)
Partner
Will MacFarlane
Partner
Stacey Nevin
Partner
Alexandra Bishop
Legal Director
Claire Wood (Français)
Legal Director
Claire Wood
Legal Director
Charlotte Bradley (Français)
Senior Consultant
Charlotte Bradley
Senior Consultant
Hannah Butcher
Senior Associate
Colleen Hall (Français)
Senior Associate
Colleen Hall
Senior Associate
Mia Harrison
Senior Associate
Cate Maguire
Senior Associate
Hannah Muress
Senior Practice Development Lawyer
Olivia Stiles
Senior Associate
Rachel Cooper
Associate
Lydia Holland
Associate
Liam Hurren
Associate
Eleanor Mills
Associate
Lisa Robertson
Associate
Nevin Rosenberg (Français)
Associate
Nevin Rosenberg
Associate
Stavriana Alexandrou
Senior Paralegal
Charlotte Daintith
Trainee Solicitor
Eimear Sloan
Paralegal
