Understanding What Donors Can Consent To

Understanding What Donors Can Consent To

Posted: 26 Nov 2024
Author: London Sperm Bank

When choosing to grow your family using donor sperm, it’s important to understand what donors can agree to, and what they cannot consent to. Here’s a quick guide to how donors’ consent works and why it matters to you as a recipient. 

 

What Donors Can Consent To 

  • Setting Family Limits: 

Donors can choose to help up to 10 families in the UK, as suggested by the Human Fertilisation and Embryology Authority (HFEA). 

  • Defining Use of Donations: 

Donors must give explicit consent for their sperm to be used in fertility treatments and for their unused sperm and/or embryos created with their sperm to be used for training purposes. 

  • Withdrawing Consent: 

Donors have the right to withdraw consent for the use of their sperm or embryos, created from their donated sperm, at any time before they are used in treatment. 

  • Choosing Storage Duration: 

Donors can decide on the length of storage for their sperm or embryos, up to 55 years each. 

  • Becoming a Known Donor: 

Donors can choose to donate to someone they know. However, this type of donation must still fall within the 10-family limit in the UK, please note the 10 families, does not include the donor's own family or children. 

  • Requesting Outcome Information: 

Donors can ask for non-identifying information, including the year of birth, sex, and the number of children born as a result of their donations. 

  • Approval for Export: 

Donors can consent to their sperm being exported outside of the UK for use in international clinics. 

 

What Donors Cannot Consent to 

  • Blocking Identity Release: 

Under UK law, donors cannot opt out of identity release. Donor-conceived individuals have the legal right to request identifying information of the donor (name, date of birth, and last known address) when they turn 18, from the HFEA. 

  • Restricting Recipient Demographics: 

Donors cannot limit who can receive their sperm based on characteristics such as race, age, religion, sexual orientation, or other protected traits under the Equality Act 2010. 

  • Accessing Information About Recipients: 

Donors are not entitled to know the identities of recipients or their families. Unlike donor-conceived children, who can access identifying information about their donor at age 18, donors can only request specific, non-identifying information limited to the year, sex, and number of offspring born. 

  • Helping more than 10 families in the UK 

All regulated sperm donation in the UK must be registered and monitored on the HFEA’s nationwide PRISM database, ensuring that the 10-family limit is not exceeded, even if the donor had donated samples at multiple sperm banks in the UK. 

 

Discussing the Implications 

Choosing to build your family through donor conception is a significant decision. It's essential to understand the rights and limitations of sperm donors and how these can impact your family dynamics in the long term. 

Patients are encouraged to consult with their treatment clinic and receive counselling to explore the legal, ethical, and emotional implications of using donor sperm. Professional guidance can provide clarity and support, helping you navigate how your donor's rights may influence your life and your child’s future. 

 At London Sperm Bank, we are here to support you throughout your journey, ensuring that all parties are well-informed and supported.