Legal parenthood decides who, in law, is recognised as a child's parent, and it depends on the couple's relationship status, and whether donated gametes are used.
The person who gives birth is always the legal mother; whether a partner is also a legal parent depends on marital status and consent. This article sets out which forms apply in each situation and why marital status must always be confirmed before treatment.
Note: The law in other countries may differ from the UK. Nationals or residents of other countries, or patients treated with gametes from nationals or residents of other countries, should seek independent legal advice.
Prerequisites
The patient's confirmed relationship status: married, in a civil partnership, or neither.
The confirmed source of gametes: own or donor eggs and sperm.
Where donor gametes are used by an unmarried couple, the legal parenthood consents completed before treatment.
Instructions
Confirm marital status and gamete source first
Confirm whether the couple is married, in a civil partnership, or neither.
Confirm the source of the gametes (own or donor eggs and sperm).
Warning: Marital status is the factor that decides whether parenthood election forms are needed. If it is recorded incorrectly, the partner may not become the legal parent, or required forms may be missed, which can force the couple to go to court after the birth. Always verify the status against evidence before treatment.
Note: Verifying and evidencing marital status is covered in a separate article. [KBA: Checking and verifying marital status — to be linked]
Apply the legal parenthood rules
The birth mother is always the legal parent. Whether the partner is also a legal parent depends on the rules below.
| Situation | Relationship status | Legal parenthood of the partner | Forms required |
|---|---|---|---|
| Own eggs and sperm | Any | Both partners are legal parents by virtue of the treatment | Treatment and storage consents only |
| Donor sperm or donor embryos | Married / civil partnership | Partner is automatically the legal parent, unless they did not consent to treatment | Treatment and storage consents; no parenthood election forms |
| Donor sperm or donor embryos | Not married / not in a civil partnership | Partner is not automatic; parenthood must be elected before treatment | WP (birth mother) and PP (partner), completed before insemination or embryo transfer |
| Single woman, UK-licensed donor sperm | Single | Birth mother is the sole legal parent; the donor has no legal rights or responsibilities | No parenthood election forms |
| Surrogacy | Any | The surrogate is the legal mother at birth; intended parents acquire legal parenthood after birth | Parental Order through the court after the birth, with the surrogate's consent |
Note: The same WP and PP pair applies to female same-sex couples who are not married or in a civil partnership, including shared motherhood where one partner provides the eggs. The birth mother completes the WP form and the partner completes the PP form. In shared motherhood, the egg-providing partner also gives consent to her eggs being used in her partner's treatment.
Warning: WP and PP must be completed before the sperm is inseminated or the embryo is transferred. They cannot be completed after treatment. Errors or omissions can mean the partner is not recognised as the legal parent.
Understand the related forms
These forms support treatment but are separate from the legal parenthood election.
| Form | Purpose |
|---|---|
| WP | Birth mother's consent to her partner being the legal parent (parenthood election) |
| PP | Partner's consent to being the legal parent (parenthood election) |
| Women's / Men's consent to treatment and storage | Consent to the use and storage of eggs, sperm, or embryos for treatment |
| WD / MD | Consent to donating eggs / sperm |
| LC | Stating a spouse or civil partner's lack of consent, where a still-married couple has separated |
Note: Either person can withdraw their parenthood consent in writing before treatment takes place, using the relevant HFEA withdrawal form. Consent to disclosure of information is a data-sharing consent and is not a legal parenthood form.
Check before treatment
- Confirm the correct forms for the couple's status and gamete source are completed and signed.
- Confirm parenthood forms are dated and completed before insemination or embryo transfer.
- Retain copies in the case record as inspection evidence.
Expected Outcome