Legal agreements and contracts in known donor arrangements

A known donor arrangement — where the donor is known to the recipient and involved in the conception process — differs fundamentally from clinic-based anonymous donation. The legal framework, the documentation required, and the risks to all parties are entirely different. This article explains what those differences are, what documentation is needed, and where the law stands as of 2026.

This article is written for people considering a known donor arrangement, and for donors considering becoming known. It is based on UK law as of 2026. If you are in a different jurisdiction, the law will be different — sometimes radically so — and you should consult a family law solicitor in your jurisdiction. The Human Fertilisation and Embryology Authority (HFEA) provides guidance specific to licensed clinics, which is a separate regulatory regime.

The legal distinction: known donor vs anonymous donor

Under the Human Fertilisation and Embryology Act 2008 (HFEA 2008), the legal position of a donor depends on whether the donation is made through a licensed clinic and whether the donor is known to the recipient.

An anonymous donor who donates through a licensed clinic has, under s.41-44 of the HFEA 2008, no legal claim to parentage and no legal responsibility for any child conceived. The donor is legally not the parent. This is the position Parliament intended: to protect the donor from unwanted parental responsibility and to protect the recipient from unwanted claims by the donor.

A known donor — one who is known to the recipient and participates in the arrangement outside a licensed clinic — is in a fundamentally different position. Under s.41-44 of the HFEA 2008, where conception occurs through sexual intercourse (which is what "natural insemination" means in this context), the donor is, as a matter of law, the parent of the child. The law treats the arrangement as it would any other act of intercourse that results in conception. The donor is the legal father and acquires parental responsibility, which means financial responsibility for the child until the child reaches 18.

This is the single most important legal distinction, and it is the one that most people entering known donor arrangements do not understand. A "known donor agreement" that purports to waive the donor's parental responsibility has no effect under English law. The mother can, at any time before the child's 18th birthday, apply to the Child Support Agency (CSA) or its successor, the Child Maintenance Service (CMS), for a maintenance assessment against the donor. The CMS is not bound by any private agreement between the parties and will assess the donor for child support on the basis of his biological parentage.

The position is different where conception occurs through artificial insemination (AI) rather than sexual intercourse. Under s.41(2) of the HFEA 2008, where a woman is inseminated artificially and the donor's identity is known, the donor is not treated as the father if the insemination is performed in the United Kingdom by a licensed person. However, if the insemination is performed outside a licensed clinic — which includes at-home insemination — the position is less clear and the donor may be treated as the father under the common law, particularly where the donor has played a role in the child's life or has sought to establish a relationship with the child.

Why a written agreement matters even though it cannot waive parentage

Despite the fact that a known donor agreement cannot waive the donor's legal parentage or financial responsibility, a written agreement is still essential. The agreement serves several purposes:

• Evidence of the parties' intentions. The agreement records what both parties intended at the time of the arrangement. This is relevant if there is a later dispute about the nature of the arrangement — for example, if the donor claims the arrangement was not consensual, or if the recipient claims the donor promised financial support.
• Clarity on the role of the donor. The agreement sets out whether the donor will have any role in the child's life (contact, visits, etc.) or whether the arrangement is "no contact." This is important because, under the Children Act 1989, a biological father may apply for a Child Arrangements Order under s.10 to seek contact with the child, and the court will consider the agreement as evidence of what was intended.
• Financial arrangements. The agreement can set out what financial support, if any, the donor will provide. However, as noted above, this cannot override the CMS's jurisdiction. The CMS will assess the donor for child support regardless of any agreement.
• Medical information. The agreement should require the donor to provide full and accurate medical information — genetic history, STI status, mental health history — and to update this information if relevant changes occur.
• Privacy and confidentiality. The agreement can set out the parties' obligations regarding confidentiality — for example, the donor's obligation not to disclose the arrangement to third parties, and the recipient's obligation not to identify the donor.

What the agreement should contain

A known donor agreement should address the following:

1. Parties and identities

Full legal names, addresses, dates of birth, and contact details of all parties. If there are intermediaries (e.g., a matchmaking service), their details should also be included.

2.Statement of intent

A clear statement of what each party intends. This should include:

• The donor's intention to donate and his understanding that he will be the legal father of any child conceived
• The recipient's intention to conceive and her understanding of the donor's legal position
• Whether the arrangement is for natural insemination (sexual intercourse) or artificial insemination
• Whether the donor will have contact with the child
• Whether the donor will provide financial support

3. Medical screening

The agreement should require both parties to undergo comprehensive medical screening before conception. This includes:

• STI screening. HIV, syphilis, gonorrhoea, chlamydia, hepatitis B and C. Both parties should be tested and share results. Conception should not proceed until both parties have been tested and are clear.
• Genetic screening. The donor should provide a full family medical history. If the donor is a carrier of a genetic condition, the recipient should be informed so that she can make an informed decision about whether to proceed.
• Mental health history. The donor should disclose any mental health conditions, as these may be hereditary and relevant to the child's welfare.
• Drug and alcohol use. The donor should disclose any drug or alcohol use, as this may affect sperm quality and the health of the child.

The agreement should specify who bears the cost of screening (typically the recipient, as the beneficiary of the screening), and should require the results to be shared with the other party before conception.

4. Financial arrangements

The agreement should set out:

• Whether the donor will pay child support, and if so, how much and on what schedule. However, as noted above, this provision cannot override the CMS's jurisdiction. The CMS will assess the donor for child support on the basis of his biological parentage, regardless of any agreement.
• Whether the donor will contribute to other expenses — medical expenses, nursery fees, etc. These provisions are enforceable as a matter of contract, but are separate from the CMS assessment.
• The donor's obligation to notify the recipient of any change in financial circumstances that may affect his ability to pay.

5. Contact and parental responsibility

The agreement should set out whether the donor will have:

• No contact. The donor will have no contact with the child and will not seek to establish a relationship.
• Limited contact. The donor will have limited contact — for example, annual updates, or contact at specific events.
• Parental responsibility. The donor will share parental responsibility and will be involved in the child's upbringing.

If the donor is to have no contact, the agreement should include a provision that the donor will not apply for a Child Arrangements Order under s.10 of the Children Act 1989. However, this provision is not binding on the court — the court will consider the application on its merits, and the agreement is evidence of the parties' intentions but not determinative.

6. Privacy and confidentiality

The agreement should include confidentiality clauses:

• The donor's obligation not to disclose the arrangement to third parties, including on social media
• The recipient's obligation not to identify the donor to third parties, including the child, without the donor's consent
• The donor's obligation not to contact the child directly, including through social media, without the recipient's consent
• Provisions for what happens if the child seeks to identify the donor in the future — for example, through DNA testing services

7. Dispute resolution

The agreement should include a dispute resolution clause — typically mediation, followed by arbitration if mediation fails. The agreement should specify the governing law (England and Wales) and the jurisdiction of the courts.

8. Independent legal advice

Both parties should obtain independent legal advice before signing the agreement. This is important because:

• It ensures that both parties understand the legal implications of the arrangement, particularly the donor's non-overridable financial responsibility
• It provides evidence that the agreement was entered into freely and with full knowledge of the consequences, which is relevant if the agreement is later challenged
• The solicitor can advise on the extent to which the agreement is enforceable and the extent to which it is not

The Law Society maintains a list of solicitors who specialise in family law and reproductive law. Resolution (the family law organisation) also maintains a list of specialist solicitors. A typical fee for review of a known donor agreement is £500-£1,500 per party.

The HFEA 2008 and the licensed clinic route

The position is entirely different where the donation is made through a licensed clinic. Under s.41-44 of the HFEA 2008, where a woman is treated by a licensed clinic and the donor's sperm is used, the donor is not the legal parent of any child conceived. The donor has:

• No legal claim to parentage
• No parental responsibility
• No financial obligation to the child
• No right to contact with the child

In exchange, the donor:

• Is required to undergo medical screening, including screening for STIs and genetic conditions, at the clinic's expense
• Is required to provide identifying information, which is held on the HFEA Register
• Is subject to the HFEA's Code of Practice, which governs the use of gametes in licensed clinics
• May be contacted by the child when the child reaches 18 (or 16 for non-identifying information), under the HFEA's "right to know" provisions

The licensed clinic route is the route that most people use when they want the legal protection of anonymity. However, it is not available for natural insemination — the HFEA's jurisdiction extends only to artificial insemination performed in a licensed clinic. Natural insemination is, by definition, outside the HFEA's jurisdiction.

The position of the child

The child's position is different depending on the route taken.

Where the child is conceived through a licensed clinic with an anonymous donor, the child has, under the HFEA 2008, the right to apply for identifying information about the donor when they reach 18 (or 16 for non-identifying information). The child is treated as the child of the recipient and her partner (if any), and the donor has no parental responsibility.

Where the child is conceived through a known donor arrangement, the child has, under the general law, the right to financial support from both parents. The child is the legal child of the donor and the recipient, and the donor has parental responsibility. The child may also have a right to inherit from the donor, depending on the donor's estate planning.

The child's welfare is the paramount consideration under s.1 of the Children Act 1989. In any dispute about contact or parental responsibility, the court's first consideration is the child's welfare, not the parties' agreement. This means that a "no contact" clause in a known donor agreement is not binding on the court — the court will consider whether contact is in the child's best interests, regardless of what the parties agreed.

Practical recommendations

Based on the legal framework above, the following are practical recommendations for anyone considering a known donor arrangement:

1. Obtain independent legal advice before entering the arrangement. This is the single most important recommendation. A solicitor who specialises in family law and reproductive law can advise on the specific legal implications of the arrangement, the enforceability of the agreement, and the risks to all parties. The cost of legal advice is small compared to the cost of a dispute.
2. Enter into a written agreement. A written agreement does not override the law, but it provides evidence of the parties' intentions and may be relevant in any later dispute. The agreement should address all of the items listed above.
3. Undergo medical screening. Both parties should undergo comprehensive medical screening before conception. This includes STI screening, genetic screening, and mental health screening. The results should be shared with the other party before conception.
4. Consider the licensed clinic route. If the parties want the legal protection of anonymity, they should consider using a licensed clinic. The clinic will perform artificial insemination, and the donor will not be the legal parent. This is the route that most people use when they want the legal protection of anonymity.
5. Be honest about the risks. The donor should understand that he will be the legal father of any child conceived and that he will have parental responsibility. The recipient should understand that the donor may seek contact with the child, and that the court may grant contact if it is in the child's best interests. Both parties should understand that the agreement cannot override the law.
6. Plan for the child's future. The agreement should include provisions for the child's future — education, healthcare, financial support, and inheritance. The donor should consider making a will that includes the child, as the child may have a claim on the donor's estate under the Inheritance (Provision for Family and Dependants) Act 1975 if the donor dies without making provision for the child.
7. Keep records. Both parties should keep copies of the agreement, medical records, and any correspondence. These records may be relevant in any later dispute and may be required by the court.

Where to get help

If you are considering a known donor arrangement, the following organisations can provide information and support:

• The Human Fertilisation and Embryology Authority (HFEA) — the regulator of fertility treatment in the UK. The HFEA provides guidance on the legal framework for donor arrangements, including the difference between licensed and unlicensed arrangements. www.hfea.gov.uk
• Resolution — the family law organisation. Resolution maintains a list of solicitors who specialise in family law and reproductive law. resolution.org.uk
• The Law Society — can provide a list of solicitors who specialise in family law in your area. www.lawsociety.org.uk
• BICA (British Infertility Counselling Association) — provides counselling and support for people experiencing infertility and considering donor arrangements. bica.net
• National Gamete Donation Group — provides information and support for people considering gamete donation.

If you are a donor and the recipient is seeking to enforce a maintenance obligation against you, or if you are a recipient and the donor is seeking contact with the child against your wishes, you should consult a family law solicitor immediately. The solicitor can advise on your rights and obligations and can represent you in court if necessary.

Conclusion

Known donor arrangements are legally complex. The donor's legal position is fundamentally different from the position of an anonymous donor through a licensed clinic, and the parties cannot contract out of the legal consequences. A written agreement is essential, but it is not a substitute for legal advice. Both parties should obtain independent legal advice before entering the arrangement, and should be fully aware of the legal implications of the arrangement.

The most important thing is the welfare of the child. Under the Children Act 1989, the child's welfare is the paramount consideration, and the court will consider the child's welfare above the parties' agreement. Any arrangement that is not in the child's best interests is likely to be set aside by the court.

This article is provided for informational purposes only and does not constitute legal advice. The law is complex and changes over time. If you need legal advice on a specific situation, consult a solicitor who practises family law and reproductive law. The Law Society can provide a list of specialist solicitors in your area.