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Building a family as an LGBTQIA+ person or couple can involve various routes to parenthood, one of which includes using a known sperm or egg donor. While using someone you know can offer emotional, financial or practical advantages, it also introduces potential legal and relational complexities. This guide explains what a known donor agreement is, how it works under UK law, and how LGBTQIA+ parents can best protect themselves and the donor involved.
At Sinclair Law Solicitors, we specialise in LGBTQIA+ family law and are committed to helping families grow with confidence, clarity and legal security.
A known donor agreement is a written document that sets out the intentions, responsibilities and expectations of the parties involved when using a known sperm or egg donor. It can help clarify roles, avoid misunderstandings and reduce the risk of future disputes.
Although not legally binding in the UK, a known donor agreement is a valuable document that courts may consider if disagreements arise later. It’s particularly important in situations where the donor will have ongoing contact with the child or where the boundaries of their involvement need to be clearly defined from the outset.
For LGBTQIA+ individuals and couples, known donor arrangements are often part of a wider plan to form a family outside of traditional biological structures. However, UK law does not always reflect the diversity of these arrangements, and legal parenthood is not automatically based on intention or emotional connection.
Known donor agreements are a way to proactively address:
Expectations around naming, religion, education and other parenting choices
One of the most important issues to understand when using a known donor is who will be recognised as the child’s legal parents. Legal parenthood affects birth registration, parental responsibility, inheritance rights and more.
If a sperm donor is used and the conception takes place at home (i.e., not through a licensed UK fertility clinic), then the donor may be treated as the child’s legal father, particularly if the birth parent is not married or in a civil partnership. In this case, the donor could potentially seek parental responsibility or even apply for child arrangements orders in the future.
However, if the insemination is carried out at a UK-licensed fertility clinic and the correct consent forms are signed, the donor is not treated as the legal father. This legal clarity is one of the reasons many LGBTQIA+ couples choose to use regulated fertility clinics.
If you are using a known egg donor and the child is carried by someone else (a surrogate), then the surrogate will always be the legal mother at birth, regardless of genetics. Legal parenthood in surrogacy arrangements must be transferred through a parental order, and this requires consent from all involved.
An egg donor is never considered a legal parent under UK law, even if she is known to the intended parents. However, setting out expectations in a known donor agreement can still be essential, especially where the donor wishes to remain part of the child’s life.
While each agreement will vary depending on the relationship between the donor and the intended parents, a comprehensive known donor agreement should address the following key areas:
1. Legal parenthood and parental responsibility
State who will be the legal parents of the child and whether the donor will be seeking any legal recognition. If applicable, clarify intentions about whether the donor will be named on the birth certificate or have any parental responsibility.
2. Involvement and contact
Outline the level of involvement the donor will have. Will they have contact with the child? Will this contact be occasional or regular? Will they be known as “Uncle,” “Dad,” “Donor” or something else?
3. Financial arrangements
Clarify that the donor is not financially responsible for the child, unless other arrangements are agreed. Make it explicit that the donor waives any future claims for financial support or inheritance (where possible under law). If a donor is the child’s legal parent, they could be liable to pay financial support whether through the Child Maintenance Service (CMS) or the court. No account will be taken of the donor agreement.
4. Confidentiality and disclosure
Decide what information will be shared with others, including extended family, schools, or medical providers. You may also want to cover future disclosure to the child and at what age.
5. Health and genetic history
The agreement should require the donor to provide a full medical history and agree to disclose any future health conditions that could be relevant to the child.
6. Dispute resolution
Include a clause that commits everyone to seek mediation before taking legal action in the event of a dispute. This can help preserve relationships and avoid unnecessary conflict.
Known donor agreements are not legally binding in the UK, meaning a court can override them based on what is in the best interests of the child. However, courts can and do take such agreements into account as evidence of the parties’ intentions at the time of conception.
To increase the agreement’s credibility, it’s wise to have it drafted or reviewed by a solicitor and signed in the presence of independent legal advisers for all parties. This demonstrates that everyone entered into the arrangement freely and with informed understanding.
You should seek legal advice as early as possible in the family planning process. The best time to create a known donor agreement is before conception takes place. This gives everyone time to understand their rights, responsibilities and any potential implications.
Legal advice is especially crucial when:
Using a known donor can be a beautiful way to create a family, but it’s not without its challenges. A well-drafted known donor agreement helps prevent misunderstandings and protects everyone involved — most importantly, the child.
“At Sinclair Law Solicitors, our family law team has extensive experience supporting LGBTQIA+ families through donor arrangements, parental responsibility issues and fertility law. We can help you draft or review a known donor agreement tailored to your needs, ensuring your family is built on a solid legal foundation.” – Suzanne Moore, Family Lawyer & Partner
Contact Sinclair Law today to speak with one of our specialist family solicitors. We’re committed to supporting LGBTQIA+ families at every stage. We are proud sponsors of Proud 2 b Parents.
Reach out to us for a free 30-minute confidential consultation, at either our Wilmslow or Bramhall office. Complete the call back form below or contact us by:
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