Proposed Changes to Gamete Donor Anonymity Laws in the UK: What You Need to Know

Isabelle James

The Human Fertilisation and Embryology Authority (HFEA) recommended changes in November 2023 to the law surrounding gamete donor anonymity in the UK. If the recommendation is adopted, it may mean that donors will no longer be able to remain anonymous after donating sperm or eggs. This change could have a significant impact on the number of people who choose to donate their gametes, so it’s important to understand what the HFEA has recommended. Any change would need new legislation, which is a decision for the government and ultimately Parliament.

In this blog post, we’ll take a closer look at the HFEA’s proposals and explore what they could mean for donors, patients and donor-conceived children.

What does the current law say about donors?

Under the current law, donors have a partial right to remain anonymous. They can donate sperm or eggs without their identity being revealed, but they must agree to have their full name, address and date of birth added to a confidential registry at the HFEA. If a child conceived using donor gametes wants to find out information about their donor, they can request some limited information when they turn 16 and information about their donor’s name, date and town of birth and address held by the HFEA when they turn 18.

This law was introduced in 2005 to help children establish contact with their donors and locate half-siblings. At the time it was thought that many donors would also welcome the chance to meet the children they helped create.

Donors have no legal or financial responsibility for any child conceived using their gametes. They can decline any contact, even if the child wishes to establish a relationship with them.

Why scrap donor anonymity laws?

The HFEA’s view is that anonymity can no longer be assured to donors or donor-conceived people, and that the current system, where identifying information is disclosed to the donor-conceived person at 18 and only on request, is being overtaken by other means, such as consumer DNA testing.

Today, members of the public can easily obtain DNA tests to find out their ancestry and genetic health risks through sites such as Ancestry.com and 23 and Me. These sites allow users to upload their DNA data, which is then compared to a database of other people’s DNA. If a donor-conceived child were to take one of these tests, they might be able to find information on their genetic relatives, including donors, long before the HFEA register opens when the child turns 16 or 18.

This has led the HFEA to recommend a change to the law.

What are the proposed changes?

In its recommendations, published in November 2023, the HFEA proposed that the Act be amended to enable the removal of donor anonymity from the birth of any child born from donation. Identifying donor information would be available from birth if requested by the child’s parents, rather than only when the donor-conceived person turns 18. The HFEA also recommends continued respect of donor anonymity for pre-2005 donors, and no retrospective early removal of anonymity for post-2005 donors.

What are the implications of these changes?

If the HFEA’s recommendation is adopted, it could have a significant impact on the number of people who choose to donate gametes in the UK. As such, it is likely to spark intense debate around questions such as:

• At what point does the donor’s identity become available – before or after the child’s birth?
• Who will be responsible for managing the sharing of information?
• What is the impact on the welfare of the child? Would it be confusing for younger children to access this information?
• What support services will be available to those affected?
• Will fertility patients be more likely to go overseas for treatment, where anonymity is assured?

Any change to the law is a decision for the government and ultimately Parliament, and further government consultation is expected before any legislative change, so it remains to be seen what the final outcome will be. In the meantime, we will be keeping a close eye on developments and will provide updates as and when they happen.

If you would like to speak to a specialist family law solicitor about a fertility matter, call Isabelle James, or complete an online enquiry form.