Cracking the Register open – what does the legal change mean for donor-conceived people?

In 2005, UK law changed to require any donors donating their eggs or sperm (gametes) in UK licensed clinics to be ‘ID-release’. This was a significant pivot from the law pre-2005, under which gamete donors were anonymous. (Pre-2005 donors remain anonymous to this day, unless they have opted to formally change their registration and remove their anonymity).

Donor-conceived people born following the 2005 law change, who have the legal right to find out the identity of their donor once they are adults, began to reach the age of 18 from around November 2023. In practical terms, this means that the UK regulator, the Human Fertilisation and Embryology Authority (HFEA), is in the early stages of dealing with requests for identifying information about donors from donor-conceived adults who were born following this law change and so automatically have the right to ask for this information and choose to seek it.

Now over one year on, what have we learned?

The discussion around the opening of the HFEA Register of Information has again brought donor conception into the public eye and ignited a breadth of discussion, including the production of in-depth documentaries, films and articles. This is helping to raise awareness, generate discussion around varying family forms and their creation, and highlight what it means practically and emotionally for people born through donor conception (whether through treatment in a licensed clinic or more informal home insemination arrangements).

Rightly so, the focus has also reemphasised the importance of giving greater weight and consideration to the perspectives of, and options available for, donor-conceived people’s access to information, especially given recent studies show us there isn’t a clear consensus among donor-conceived people about when and how identifying information should be made accessible. Some donor-conceived people want more rights to know, while others do not. This underlines just how important it is for systems and policy to facilitate informed decision-making and ultimately foster acceptance, so that donor-conceived individuals are empowered and supported to make the right choices for them as individuals, especially where significant outcomes – like contact with donors – may follow.

We are yet to see how many donor-conceived people will actually seek such information about their donors from the HFEA Register, and if they do whether they will apply as soon as they turn 18 or at a later stage. Our team sent a freedom of information request to the HFEA to better understand the numbers and, although there has been a steady stream of applications across preceding years (i.e. 2020 to 2022, when donor-conceived people applying would most likely have been born following use of a donor who must have released their identity only voluntarily), at the time of writing the data was not yet available for applications following the law change. However, HFEA figures indicate that the number of donor-conceived children who will now have turned 18 in the year following the law change have more than quadrupled, which suggests the potential for a (likely expected) rise in applications for information from children conceived following the use of an ID-release donor.

Looking forwards, what are our considerations for the future?

As we look ahead, we can expect that information is only going to become ever more accessible. With DNA testing services and associated websites that link individuals with each other now available to all, the HFEA Register of Information is no longer the only way for donor-conceived people to connect with genetic relatives. We can see the prevalence of interest in information about our identities, as these means are a tool used by individuals – whether donor-conceived or otherwise – to find out their genetic relations as the thirst for understanding our individual stories remains. But that is not the case for everyone, and some donor-conceived people have said clearly that they have very little interest in finding out more about their genetic heritage.

Against the background of an ever-changing international legal landscape, enabling donor information to be shared more easily for those who want it feels like a progressive step for the UK. With this in mind, the importance of transparency with donor-conceived children around how they were brought into the world is clear, alongside encouraging pride in their identity and family circumstances, however formed.

We have always believed in these values at NGA Law and look to take every opportunity to support the modern families we work with every day. It is important for anyone seeking to build their family with the help of a third party like a donor or surrogate to understand their legal position and ultimately the way their choices will impact on their children’s rights, long into the future. We know that families filled with love allow children to thrive whatever their form, and we are proud to help our community of families find the best legal security available.