THEGAYUK

Tag: Legal Donations

Worried about sperm donations and how you may be affected in the future, or have questions about donating blood or marrow – our legal team have it covered.

  • DILEMMA | Will I be forced to pay for a child for which I donated sperm?

    DILEMMA | Will I be forced to pay for a child for which I donated sperm?

    Read Matt Parr’s response to whether a man who donated sperm 10 years ago will be liable to pay for the child’s upbringing.

    TBIT / Pixabay

    Dear Dilemmas

    I am really concerned after reading about a man in the papers who donated sperm to a lesbian couple some years ago who is now being chased by the CSA who is demanding he pay towards the child’s upbringing, even though he’s not on the child’s birth certificate.

    I’m in a similar situation. I donated sperm to a couple 10 years ago – and I’m wondering if they have any rights to make me pay for their child. I’ve never met the child and I’m no longer in the couples’ life as I moved towns a few years back.

    My name isn’t on the birth certificate and I’ve not been a part of the child’s life at all. If they wanted to, could they get in contact with the CSA and make me pay?

    Are there any legal protections for men like me?

    Paul in Leicester

    Dear Paul,

    The answer to this question is dependent on whether you donated the sperm through a registered Human Fertilisation & Embryology Authority (HFEA)-licensed clinic; if you did then you are not financially liable for the child, nor do you have any parental responsibility for the child, equally you have no say over the upbringing of the child. If this is the case, the birth mother will be the legal mother and her civil partner or wife will be the “second legal parent” (but not “mother” as the law does not allow a person to have two legal mothers).

    If you donated the sperm without using a HFEA-licensed clinic as an intermediary (such as an informal agreement between friends or through an internet agency) then you could be deemed to be the child’s legal father (whether or not you are named on the birth certificate) and could be obliged to financially support the child as necessary. Ultimately, the child’s mother may be able to bring a successful claim through the Child Support Agency (CSA).

    If you feel that it is likely action will be taken against you, it is best to be proactive. In my experience the worst thing you could do is bury your head in the sand and hope it goes away. Sometimes a simple offer of some contribution towards the maintenance of the child will avoid often lengthy, expensive court proceedings.

    I would advise however that you seek the advice of a specialist solicitor in this area who would be much better placed to give you a clearer picture of your obligations.

    Have you got a dilemma for our team of experts? Write to us here.

    This response is not intended to constitute legal or other professional advice and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. Individuals should always seek legal advice from a professional which is specific to their unique set of circumstances.

  • Can gay men donate bone marrow?

    A reader asks our legal expert, Matt Parr whether as a gay man, he can donate bone marrow.

    (C) DEPOSITPHOTOS

    I know that gay men can’t currently give blood – but I was wondering about bone marrow. If someone in my family was to need my bone marrow for surgery can I legally give it? Also if I just wanted to give bone marrow to anyone, regardless of any family connection is this possible or legal?

    Dear reader:

    Thanks for your question, it’s great that you have thought about the need to donate bone marrow.

    However, the main difference between the donation of blood and bone marrow is that to donate bone marrow you would first need to have a thorough medical examination before being permitted to donate.

    You’re mistaken in your perception that gay, bisexual or men who have sex with men cannot donate blood full stop. Blood donation in the UK works on the values of kindness and mutual trust. The NHS Blood and Transplant service relies on all potential and existing donors to adhere to the blood donor selection rules by giving completely accurate answers to all the questions asked of them when they visit the donation centres. The questions and answers are given in complete confidence and exist for their own protection and for the health of patients who receive their blood. 

    The rules around gay and bisexual men giving blood changed in November 2017 following extensive campaigning by organisations such as the Terence Higgins Trust. Subsequently, providing that the donor meets the other donation rules, gay, bisexual or people who have sex with partners in groups at high risk of having an infection that could be passed on during sex will be able to donate after three months have passed since the last sexual activity.

    The previous exclusion period extended to 12 months and many argued that this did, therefore, place an unrealistic expectation of celibacy on those who wished to donate and many saw it as, in reality, a blanket ban on donations from gay and bisexual men.

    If donating Bone Marrow through the Anthony Nolan charity, however, then you will not be permitted to donate if you (or your partner) are, or think you are HIV positive or you are involved in high-risk sexual practices that may increase your exposure to sexually-transmitted diseases (amongst others). In essence, the decision as to whether you can donate will depend on a number of factors, both sexual and health-related – not sexuality.

    There is no strict 12-month time frame of celibacy prior to donating.

    The best advice I can give you is to consider contacting the NHS Blood and Transplant service or Anthony Nolan to discuss the process in further detail.

  • As A Gay Man Can I Donate Bone Marrow?

    This week our legal expert Matt Parr answers a question about Bone Marrow Donation for gay men in the United Kingdom.

    Dear Matt,

    I know that gay men can’t currently give blood – but I was wondering about bone marrow. If someone in my family was to need my bone marrow for surgery can I legally give it? Also if I just wanted to give bone marrow to anyone, regardless of any family connection is this possible or legal?

    Love what you do…

    OT Horne

    Thanks for your question, it’s great that you have thought about the need to donate bone marrow.

    The main difference between the donation of blood and bone marrow however is that to donate bone marrow you would first need to have a thorough medical examination before being permitted to donate it.

    You’re mistaken in your perception that gay men cannot donate blood full stop; the criteria recently changed in 2011 and it is now only if they have had anal or oral sex with a man in the last 12 months with or without a condom will they not be permitted to donate. This is simply because of the increased risk of the unknown exposure to HIV/AIDS. In order to donate bone marrow through NHS Blood and Transplant you need to already have joined the blood donor list. Effectively, therefore the same criteria apply to the donation of bone marrow as to blood.

    NHS Blood and Transplant rely on people being as honest as possible (and realistic) when questioning them on the possibility of them being HIV positive (backed up by their own stringent screening processes, which of course are never fail safe).

    If donating through the Anthony Nolan charity, however, then you will not be permitted to donate if you (or your partner) are, or think you are HIV positive or you are involved in high-risk sexual practices that may increase your exposure to sexually-transmitted diseases (amongst others). In essence, the decision as to whether you can donate will depend on a number of factors, both sexual and health related- not sexuality.

    There is no strict 12 month time frame of celibacy prior to donating.

    The best advice I can give you is consider contacting the NHS Blood and Transplant service to discuss the process. If you are a sexually active gay man then your options are limited to donating through Anthony Nolan.

    Got a legal question? Visit out Legal Clinic homepage

  • LEGAL ADVICE: Sperm Donation

    LEGAL ADVICE: Sperm Donation

    In the first of our Free Legal Advice Clinics, we get a question about sperm donation after he donated his to a lesbian couple 10 years ago, who is now worried about his legal rights. Matt Parr answers your questions. (more…)