Cambridge Family Law Practice

The basic technology and concepts behind donor conception were first developed as long ago as the 1880s, but it has only been in recent decades that this method of achieving pregnancy has moved into the mainstream.

Donor conception opened the door to family life for many people who previously had little or no hope of conceiving children naturally. Having a child was no longer out of reach to same sex couples, single women or couples with fertility problems. Initially, donations to fertility clinics were encouraged with the promise of anonymity: the men and women who contributed gametes were reassured that they would never be contacted by any offspring.

The children’s perspective

This approach sounded fine in theory, but as the years passed, perspectives began to shift. Once donor-conceived children discovered the truth about their origins, many wanted to know more. Simply being told how they had come to be born was not enough – significant numbers wanted to uncover the full story of their biological origins and physical selves. A sense of personal heritage is, after all, an important component of many people’s sense of identity.

The ethical questions started to loom large. Some parents who had used anonymous donations regretted denying their children the right to learn about their biological backgrounds.

And so, the law was changed. All donor-conceived children born after April 1 2005 were granted the right to know who their biological father was once they became adults – and children born after that date in 2005 will start to turn 18 in a month’s time.

Going mainstream

A lot has changed over the past 18 years. As medical technology has advanced and donor-assisted conception has become commonplace, the number of children born in this way has increased dramatically. According to figures recently released by the Human Fertilisation and Embryology Authority (HFEA), the number of such children in the UK increased by more than 300 per cent in the decade between 2009 and 2019: from 900 to 4,100 in 2019. The majority were born to women in same sex relationships and to single women.

One out of every 170 births across England and Wales is now a donor-conceived birth. According to HFEA chair Julia Chain, this means there are least two in every primary school in the country.

Requesting details

Around 1,000 individuals will be eligible to request basic, identifying information about their donors by the end of 2023, with the number expected to rapidly increase thereafter.

The HFEA will process the requests, supplying applicants with the donor’s name, date of birth and last known address.

HFEA suggests that most donors are comparatively affluent and primarily motivated by an altruistic desire to help people have children. Some individuals who donated prior to April 1 2005 have even voluntarily waived their right to anonymity, so any children conceived via sperm and egg donations before that date will be able learn uncover biological parents too.

Jeremy Ford, one of the partners here at Cambridge Family Law Practice said:

“It is unusual to see a law that came into force the better part of 20 years ago only just starting to make an impact. It will be interesting to see just how many donor-conceived individuals do choose to request information on their donors and the impact this will have on family life as we move forward.”