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27 September 2010

Summary of request

The Authority was asked whether a woman's former partner has parental rights.

HFEA response

The HFEA does not hold information about the parental responsibility of individuals with respect to children born as a consequence of licensed assisted conception treatments.  We are therefore unable to supply the information requested.

The Human Fertilisation and Embryology Acts 1990 (as amended) and 2008 contain provisions that confer legal parenthood on certain persons as a consequence of assisted conception treatment, in particular where the treatment involves the use of donated gametes or embryos, and on the transfer of parental responsibility in the case of surrogacy arrangements.  These are explained in outline on the HFEA’s website (http://www.hfea.gov.uk/79.html#legal and http://www.hfea.gov.uk/fertility-treatment-options-surrogacy.html) and in more detail in the HFEA’s Code of Practice (see http://www.hfea.gov.uk/399.html and http://www.hfea.gov.uk/501.html) for gamete/embryo donation and surrogacy respectively.

The HFEA cannot give legal advice on individual cases.  If an individual wishes to know how these provisions may apply in their own case we recommend that they seek independent legal advice.

Page last updated: 09 August 2012

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