Non-genetic parentage under the HFEA 2008 – Tanfield Chambers

Posted March 20th, 2015 in assisted reproduction, embryology, news, parental rights by sally

‘Where a child is conceived with donor sperm, parentage is normally determined under the Human Fertilisation and Embryology Act 2008. S.33 provides that the woman who bears the child will be the mother, regardless of whether the egg was hers or came from a donor. If she is married or in a civil partnership, her spouse or civil partner will be the other parent, unless it is shown that the spouse or civil partner did not consent to the treatment – s.35 and s.42. Otherwise, ss.36 and 37 provide that a man (who will normally be the mother’s partner) will be the child’s father if:

(i) the treatment is provided by a clinic in the UK under a licence from the HFE Authority; and

(ii) both parties give written notice to the clinic consenting to such parentage.’

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Tanfield Chambers, 20th February 2015