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A cautionary tale of the consequences of deceit and a lack of legal protection

15th August 2024

⭐ PICK OF THE WEEK ⭐
A cautionary tale of the consequences of deceit and a lack of legal protection

In the Guardian – in the wake of burgeoning media interest in ‘informal’ sperm donation (ie using a donor outside the licensed clinic system) – was an unusual but cautionary tale highlighting how the absence of legal protection in such arrangements can come with “inherent risks” with significant implications for all those involved, including the child.

In this quite complicated case, the non genetic partner in a female same sex couple was denied legal parentage of their daughter – with her name removed from the birth certificate – because her wife had had sex with their sperm donor around the time the child was conceived. On appeal, the judge deemed it unclear whether the child was born through artificial insemination or through sex with the donor (which comes with legal fatherhood) and ultimately ruled against her appeal, although all three parties were given parental responsibility.

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