On 31 January 2013, the UK High Court in a landmark ruling granted two sperm donors the right to ask for contact with their biological children.
The case, the first of its kind, involved a male same-sex couple who donated sperm to two lesbian couples. The men both applied for contact with their children at the High Court’s Family Division. The women contested the application arguing that it would infringe on their family life, but lost.
Under the Human Fertilisation and Embryology Act 2008, same-sex couples are considered the legal parents of children conceived through donated sperm, eggs or embryos. Until now the law has refused contact for sperm donors who have no other legal or domestic relationship with their biological children.
This judgment has now paved the way for sperm donors to pursue applications for contact orders. The courts must now take into consideration the nature of the application, the sperm donor’s connection to the child and the potential for disruption to the child’s life.
Kevin Skinner, a solicitor who represented one of the lesbian couples stated:
"The Human Fertilisation and Embryology Act 2008 for the first time ensured that same sex parents were recognised in the same way as heterosexual families. Although the judge's decision makes it clear that the family unit should be protected, the possibility of sperm donors being able to apply for orders will be a scary prospect for many parents, both gay and straight. What is crucial is that anyone planning on having a child through the use of fertility treatment should make sure that proper plans are in place before the process begins.”