Donor Conception Flashcards
(12 cards)
Are donors anonymous?
Before April 2005:
- Anonymous
After April 2005:
- No longer anonymous
Donors rights to know about child?
No right to know
- Only entitled to know if the child is making inquiries about them (the donor)
Human Fertilisation and Embryology Act 199, s 41
Payment of gamete donors is an offence
Exception:
- Compensation is permissible
Which provisions apply to a child?
Born before April 2009
- Pre-2008 amendment provisions still apply
Born after April 2009
- 2008 amendment provisions apply
Who is the child’s legal mother
Always the gestational mother
HFEA 2008, s 47
- Cannot be regarded as the mother merely because of egg donation
Who is the father at common law if the gestational mother is a surrogate and is single?
The commissioning father will be the father at common law
Who is the father if the gestational mother is married to or in a civil partnership with a man (whose sperm was not used)?
Presumption that the gestational mother’s husband is the father
Can rebut the presumption if the man did not consent to the AHR treatment
Who is the ‘second legal parent’ in a female same sex marriage/civil partnership with a gestational mother?
SAME RULES AS HETEROSEXUAL COUPLES
Presumption that the gestational mother’s partner is the ‘second legal parent’
Can rebut the presumption if the woman did not consent to the AHR treatment
Before April 2009, could a woman in a same sex relationship with the gestational mother obtain parenthood?
No provision for the woman to obtain parenthood
Who is the child’s father/second legal parent in a non-married & non-civil partnership relationship
NO presumption of parenthood
The gestational mother’s partner will only be the child’s ‘second legal parent’ if they have both consented to the AHR treatment
After April 2009
Who is the child’s father if the gestational mother is single?
HINT: Section 37
HFEA 2008, s 37
The man she is treated together with if:
(a) Man consents to being the father
(b) Woman consents to man being father
(c) Consent not withdrawn/varied
(e) Not within prohibited degree of relationship
Before April 2009
Who is the child’s father if the gestational mother is single?
The man who she is treated together with
(regardless of consent)
