Guides · Guide

Lesbian couples and known donors: UK law explained

For two women planning a family with a known donor, the UK law is clearer than in many countries, but it depends almost entirely on one question: are you married or in a civil partnership when the insemination happens?

Married or civil partners

Under section 42 of the HFE Act 2008, if the birth mother is married to or in a civil partnership with a woman at the time of insemination, her wife or civil partner is treated as the child's other parent, unless it is shown that she did not consent. This also applies to artificial insemination at home, and wherever it happened. When she is a parent this way, no man is treated as the father (section 45), so the donor is not a legal parent.

• Keep evidence that you both agreed to the insemination (for example, a dated note signed by both of you).
• The timing matters: the marriage or civil partnership must exist at the time of insemination, not just by the birth.
• It must be artificial insemination. Conception through sex doesn't count, which is one reason we ban ‘natural insemination’.

Not married or in a civil partnership

The non-birth mother can be a legal parent from birth only through treatment at a UK licensed clinic, with both of you signing the clinic's parenthood consent forms before treatment (the ‘agreed female parenthood conditions’, sections 43 and 44). After home insemination she is not automatically a parent, and the known donor is usually the legal father. The HFEA says so plainly. A family solicitor can explain what's possible afterwards, such as adoption, but it's far easier to sort this out before you start: either marry or form a civil partnership first, or use a clinic.

What it means for the donor

A donor to a married or civil-partnered couple who inseminate artificially is generally not the legal father, so not liable for child maintenance. A donor to an unmarried couple at home usually is, and a donor agreement can't change that (Child Support Act 1991, s.9(4)). Good donors will ask you about this; it's a sign they've thought it through.

Talk about the role, too

Legal status is one thing; the relationship is another. Will the donor be ‘uncle’, an occasional visitor, or someone your child meets later? Agree how you'll talk to your child about their donor. Write it down, knowing that it isn't legally binding, and revisit it over time.

Next: Finding a known sperm donor in the UK and Known sperm donors and UK law.

General information about the law in England, November 2026. Not legal, medical or financial advice. KnownDonor is an introduction platform: we never collect, store, test, transport or deliver sperm, and we are not licensed by the HFEA. Sources are linked in the text; where they and this page differ, the source is right.