Risks of Overseas Sperm Donation: Declaration of Non-Parentage
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Isabelle James
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The risks of overseas sperm donation: declaration of non-parentage made against ‘de facto father’
At Osbornes Law, the family team specialise in the law relating to assisted reproduction and sperm donation.
A recent case has highlighted the risks involved in seeking fertility treatment overseas, without first seeking legal advice in the UK.
The Judge reiterated just how fundamental parentage is to our identities. Parentage is not only biological – it can be manifested in other ways, including socially and psychologically. Each can have profound significance for the child’s welfare.
What’s the background?
In ED v MG [2025] EWHC 1876, a 3-year-old boy had been born following sperm donation in Northern Cyprus. The mother and her partner (ED) had tried IVF already in the UK several times without success.
On 29 September 2021, the parties and the sperm donor signed a Declaration and Consent Regarding Sperm Donation form which stated that ED and MG were spouses/partners. The fertility clinic did not advise them to seek legal advice in the UK as to whether they would be recognised as the legal parents.
The mother gave birth in June 2022 and the parties were noted on the birth register as mother and father. Sadly, the relationship broke down the following year.
ED – the de facto father – applied for a child arrangements order in August 2024. The mother applied under section 55A of the Family Law Act 1986 for a declaration of non-parentage in respect of ED. She also made unsubstantiated allegations of sexual abuse against him; that he was a sexual predator; and mentally unstable.
The court considered the legal framework governing parentage, and concluded that ED was not the child’s parent in law:
- At common law, he was not the child’s parent because, as a matter of biological fact, he was not the genetic father.
- He was not the child’s parent under the Human Fertilisation and Embryology Act 2008 as the parties were neither married nor in a civil partnership; and the treatment had not taken place in a UK licensed clinic.
- No provisions under the Human Fertilisation and Embryology Act 2008 could be ‘read down’ under the Human Rights Act 1998 such that he could be declared the legal parent.
A declaration of parentage was therefore made to the effect that ED was not the child’s parent.
Joint lives with order
However, ED’s application for a joint lives with order was allowed, with the court satisfied that this was in the child’s welfare. Under its terms, he would live mainly with his mother but also with ED.
He was also granted parental responsibility. ED had not acquired parental responsibility in August 2022 when his name was entered on the child’s birth certificate, but the court decided it was in the child’s best interests to grant him PR.
The mother tried to argue that she and ED were unequal as he was not a biological parent. This was rejected – the child had two loving parents who could both exercise parental responsibility to protect him. Furthermore, the welfare report completed by the Independent Social Worker in the case, noted concerns about the potential for the mother to marginalise ED, particularly because of the unsubstantiated accusations she had made against him.
A joint ‘lives with’ order would encourage them both with good decision-making for their son.
What does this mean?
The ruling is the latest in a series of cases involving children born following sperm donation or surrogacy where unlicensed clinics in overseas countries have been used. It is vital to check your legal rights before embarking on your parenting journey. It will protect all the parties concerned, including in the event of any future relationship breakdown.
Contact us
At Osbornes Law, our specialist family team is uniquely equipped to guide clients through the complex legal landscape of assisted reproduction. For expert advice from lawyers who specialise in domestic and international surrogacy and sperm donor law, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
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A market leader across public law, international cases, financial and children work.
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