Risks of Overseas Sperm Donation: Declaration of Non-Parentage
Contact
Isabelle James
Table of Contents
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
Share this article
“The family law team at Osbornes is one of the strongest in London; across all areas of work from international cases, financial and children work, Osbornes is a market leader.”
“Naomi is very knowledgeable on adoption and surrogacy. She is solution-focused and open to ideas.”
Contact us today
Call us 020 7485 8811
Email us Send us an email and we’ll get back to you
Osbornes has a culture of dedication to clients and hard work.
Osbornes do some really complex work. The team is very solutions-focused, know the law and know when to take a firm line.
Osbornes' solicitors know what their client needs on each day as it’s an emotional and difficult journey. They are always there, 24/7.
Osbornes offers a high level of client care and manages client expectations realistically.
They have a strong team, are heavyweights in this space and are very well respected in the courts.
Naomi is very knowledgeable on adoption and surrogacy. She is solution-focused and open to ideas.
Osbornes handle a significant amount of complex, high-value divorce work.
Osbornes have talented fee-earners at all levels.
Osbornes is a top-end firm, a very well-established name. They have high-value matters, deal with complex matters and have a good team.
I have found the team at Osbornes works very well together to diligently produce a quality end result. Client service has been excellent and I feel like I am in safe hands.
Osbornes is a power house of a family firm. They are robust but realistic and client focused.
Osbornes has lawyers with excellent experience.
Osbornes is a hugely impressive firm that offers strength and depth to its clients.
The family law team at Osbornes is one of the strongest in London.
The firm’s alternative parenting team is headed up by Naomi Angell, handling domestic and international adoption, surrogacy, and fertility issues.
Osbornes‘ family team is headed up by Mark Freedman, a mediator and fighter who will get the job done on both complex financial matters and international children cases.
A market leader across public law, international cases, financial and children work.
"Osbornes handle a significant amount of complex, high-value divorce work."
"Osbornes have talented fee earners at all levels."
"Osbornes is a top-end firm, a very well-established name. They have high-value matters, deal with complex matters and have a good team."
"Lisa Pepper is a standout mediator - smart, sensitive and able to narrow the issues with ease."
"Lisa is good at cutting to the chase and identifying issues. She gets people talking and brings people together."
"Lisa is excellent - she's efficient, has a very good rapport with her clients and has an enormously outgoing energy. She is very effective in managing clients' cases."
Osbornes is vastly experienced and able to think around the issues and consider them in a new and refreshing way
Osbornes is a really good team that gives a first-class service which is both sensible and insightful but also supportive of the client's needs.
Osbornes Law offers affluent clients representation in high-value, complex family matters.
Naomi Angell has considerable strength in adoption, surrogacy and fertility issues
Naomi Angell is a renowned practitioner in the market with a wealth of experience in family cases involving immigration issues. She has a depth of knowledge in surrogacy issues and is respected for her experience handling adoption matters.
"Naomi is second to none in her knowledge of adoption and her work in surrogacy is also a strength."
"She has an encyclopaedic knowledge and an in-depth understanding of this work. She's extremely empathetic and can put herself in the client's shoes. She's also very strategic and is good at pre-empting litigation."
"Recognised for its expertise in both domestic and international adoption, as well as assisted conception."
"Naomi Angell is a leading figure in domestic and inter-country adoptions, and also has expert knowledge of related fertility and surrogacy issues."
Highly respected for her [Naomi Angell] focused on cross-border children work, including surrogacy matters.
Naomi Angell advises on international adoptions and complex surrogacy matters. She is commended for her broad, in-depth experience."
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
This team is perhaps best known for its children work, often involving complex international dynamics.
Related InsightsVIEW ALL
21.5.2025Surrogacy Law for Older Parents
International surrogacy, older parents and future implications for a child At Osbornes Law, the family team specialises in both international...
Read more- 17.4.2025
The Risks of International Surrogacy: A Cautionary Message
The risks of international surrogacy and the importance of getting legal advice At Osbornes Law, the family solicitors are specialists...
Read more - 12.9.2024
Landmark Surrogacy Case Confirms Legal Rights of Surrogate...
Case: Z (Surrogacy: Step-Parent Adoption) [2024] EWFC 20 A recent High Court ruling has reinforced the legal position of surrogate mothers in...
Read more 
7.3.2023What is legal parenthood and how is it...
This issue was in the news recently, when a married Oklahoma same-sex couple were in court over a dispute about...
Read more
31.8.2022What if my partner predeceases me before we...
A review of a recent case concerning consent during fertility treatment. When going through fertility treatment as a couple, it...
Read more
31.8.2022Declaration of parentage after mistake at register office
Recently in the news has been the outcome of the case of Osborne & Anor v Cambridgeshire County Council [2022] EWHC 1982 (...
Read more- 5.7.2022
Proposed Changes to Gamete Donor Anonymity Laws in...
The Human Fertilisation and Embryology Authority (HFEA) has proposed changes to the law surrounding gamete donor anonymity in the UK....
Read more - 21.9.2021
Changes in Fertility Law Benefit Families
Following campaigning by those working in the fertility sector and public consultation in 2020, the Government announced on 6th September 2021 that...
Read more - 25.3.2019
Unlicensed fertility treatment and paternity – new clarification in...
The issue in contention was whether it could be ruled that Mr H, the now ex-husband of the child in...
Read more - 26.2.2018
Thai Case Shines The Light on International Surrogacy
This week, a story reported by the Telegraph raises some interesting questions about international surrogacy. The reporting states that a 28...
Read more
