FAQs on parenthood after death
The Human Fertilisation and Embryology Act 2008 repeals the Deceased Fathers Act 2003. The provisions set out in the Deceased Fathers Act are reflected in the 2008 Act, which extends the provisions to civil partners and same sex couples.
The new consent forms, that will be used by clinics from 6th April, include sections where patients and their partners can specify what they would like to happen to their sperm, eggs or embryos in the event of the death of themselves or their partner.
Most of these FAQs are written as though the reader is the woman who is to receive treatment and carry the child.
On this page:
- What happens if my husband or male partner dies before I receive treatment with his sperm or embryos created using his sperm?
- What happens if my husband or partner dies before I receive donor insemination treatment?
- What happens if my husband or partner dies before I receive treatment using embryos created with donor sperm?
What happens if my husband or male partner dies before I receive treatment with his sperm or embryos created using his sperm?
It is possible for your husband or partner to be named as the father of a child born as a result of treatment with his sperm, or embryos created with his sperm, so long as he consented to this. There are sections on the consent forms where he can provide the appropriate consent.
In this case, so long as the right consents are in place, embryos may be created and used before or after the death of your husband or partner.
What happens if my husband or partner dies before I receive donor insemination treatment?
It is not possible for your husband or partner to be named as the father or second parent if the donor insemination takes place after their death.
What happens if my husband or partner dies before I receive treatment using embryos created with donor sperm?
It is possible for your husband or partner to be named as the father or second parent of a child born as a result of this treatment, so long as they consent to this and the embryos are created before their death. There is a section on the parenthood consent form where they can provide consent.
If the embryos have not yet been created, it is not possible for your husband or partner to be named as the father or second legal parent, even if they have given their consent.
More parenthood FAQs
FAQS about what the new law means for:
Page last updated: 06 February 2013