FAQs relating to unregulated sperm donation

What is unregulated sperm donation?

Unregulated sperm donation is when the process of donating sperm takes place outside a HFEA licensed clinic. This means that everything, from the initial planning, through to the donation taking place, falls outside the HFEA’s regulatory remit and the person receiving the donation will have no legal protection.

Some examples of this could be:

Using a sperm donor you have found on social media e.g. a Facebook group
Using someone such as a friend who has offered to donate sperm to you (this is called a ‘known donor’)

An increasing number of exploitative or serial unregulated sperm donors are breaking the law and putting anyone using their donation, and any children born, at risk of serious harm.

Although this may seem like a cheaper or easier option compared to treatment at a UK licensed clinic, this could be outweighed by risk of significant lifelong consequences and costs from using an unregulated donor.

What are the risks of unregulated sperm donation?

If you are thinking about using unregulated sperm donation, you must be aware of:

1. Health risks

Unregulated sperm donors will not have had the rigorous health checks that are required by licensed clinics before any donation can take place. Although some claim to have had the appropriate health checks, there’s often no way of proving this is true. Donors in licensed clinics must also give information about their family history including about serious genetic or medical conditions.

Using an unregulated sperm donor means you are at risk of catching an infectious disease, a sexually transmitted infection, or of the donor passing on a genetic disorder or illness to your child that they may or may not be aware of, such as cystic fibrosis, sickle cell disease, or thalassaemia.

Some unregulated donors also say ‘natural insemination’ (having unprotected sex) is the best way to get their donation and more successful. This is not true and no one should feel pressured into having sex with a stranger.

2. Legal parenthood

When you have a child using a sperm donor, they may be considered the ‘legal parent’ of your child depending on whether the donation took place at a licensed clinic or not. Legal parenthood affects a wide range of areas such as your child’s nationality, inheritance and financial responsibilities.

If you have treatment in a licensed clinic, the donor will not be considered the ‘legal parent’ of your child because they will have agreed (consented) to this at the time of donation.

If you have a child through unregulated donation, and the donor thinks of themselves (now or in the future) to be the ‘legal parent’ of your child, this could have consequences for you and your family that may have to be resolved through the courts, which can be stressful and expensive. There is also no guarantee to what decision the court will make on the donor’s legal rights.

3. Family limits (the risks of serial donors)

Some serial unregulated donors have led to more than 200 children in the UK. As there is no official record of who the donor is to these children, it increases the future risk of donor-conceived siblings unknowingly meeting and having relationships.

In HFEA licensed clinics, a donor can only be used to create children in up to ten families in the UK. More information on family limits can be found here.

What does the law say?

It’s important to know that using an unregulated donor is not a criminal offence, and you are not breaking the law, but the donors or other people involved in the process of making the sperm available may be committing a serious crime.

According to the Human Fertilisation and Embryology (HFE) Act, “using, storing, procuring, testing, processing, and distributing gametes” (eggs or sperm) to be used by humans are all illegal unless they are carried out by a HFEA licensed clinic. Any donor doing this is breaking the law.

People who store their sperm, for example by freezing it, are committing a crime. Arranging for sperm to be delivered to someone, whether organised by an individual or by a business, is also a crime.

The aim of the law is to protect the health and safety of the recipient (the patient or person having the sperm donation). There is no way to guarantee the health, quality, or safety of sperm from unregulated donation.

What are gametes?
The reproductive cells: sperm or eggs.
What is the definition of storage?
Preserving gametes, such as by freezing them.
What is the definition of procurement?
Procurement is a process that makes gametes available, for example arranging for them to be delivered.
What is the definition of processing?
Any operation involved in the preparation, manipulation or packaging of gametes.
What is the definition of distribution?
The physical transporting of gametes from one place to another.

What if someone breaks the law?

These are serious offences with potential for a prison sentence. Where we have concerns about donors or others operating without a HFEA licence, we will refer them to the police.

In a prosecution in 2010, two men were convicted under these offences which resulted in a fine and a suspended jail term. You can read more about that case here.

What should I do if I have concerns an unregulated donor might be breaking the law?

If you have met someone offering to donate sperm, and believe it falls outside the law (as explained above), you should contact the police as soon as possible so they can investigate further.

If the activity is happening online, you can also report the user to the platform, for example by using the “report” function on any of the main social media platforms.

Why is it better to use a donor at a HFEA licensed clinic?

HFEA licensed clinics must ensure that donors, patients, and any children born are protected by carrying out rigorous health tests to make sure they’re eligible to donate, as well as guaranteeing legal parenthood agreements (consents) are in place. Clinics must also offer everyone involved counselling to ensure they are supported throughout the process.

Donor-conceived people and/or their parents can apply for information about their donor and any donor-conceived siblings from the HFEA.

Patients can also bring a known donor - someone they know who has agreed to donate - to the clinic to benefit from all the above tests, checks, support, and consents on legal parenthood.

Clinics must keep to strict laws about donation and who can donate. The HFEA regularly inspects clinics to make sure they keep to these rules.

Without these protections, people are at risk of any, or all, of the above issues. This is why we encourage everyone who is using a donor to go to a UK licensed clinic.

How is donation regulated in the UK?

Under UK law (the HFE Act), fertility treatment must take place in a clinic licensed by the HFEA.

As well as the law, clinics are expected to follow guidance relating to the UK 10-family limit, which restricts the number of families that can be created with a single donor in any UK licensed clinic.

The number of children or families one donor can create differs by country. For those who are using donated sperm, eggs, or embryos that have been imported from abroad for treatment at a UK clinic, it’s important for them to be aware that their child may be genetically related to more children who live in other countries and where the 10-family limit doesn’t apply.

Individuals donating their sperm outside of a licensed UK clinic are not in the HFEA’s regulatory remit and there is no control on the number of times they can donate, or the number of children born through this process.

What is the process for donation in a UK clinic?

Before donating, clinics ask donors to provide some personal information. Some non-identifying information will be available to the intended parent(s) at the time of donation. More information about the rules of releasing donor information can be found on our website.

Once personal information has been provided, donors will need to have tests for certain infectious diseases, including any genetic diseases, to check they’re eligible to donate. This offers protection to the health of the recipient and any future children who may be born.

The law says that clinics must offer counselling, and we recommend donors take up as it will help them to think through the implications of their decision. If eligible, donors can make their donation once consent has been given.

The HFEA website provides free and impartial information about donation, what the process involves, the risks of donation, and the implications of their decision.