Explanatory Notes

Human Fertilisation and Embryology Act 2008

2008 CHAPTER 22

13 November 2008

Commentary on Sections

Part 2:  Parenthood in Cases Involving Assisted Reproduction

Section 47: Woman not to be other parent merely because of egg donation

183.Section 47 makes clear that where a woman has not carried a child she will only be treated as a parent of the child if the provisions relating to parenthood of the mother’s partner apply, or she has adopted the child. Egg donation will not make a woman the parent of a child carried by another woman. Parenthood could however be conferred by other legal provisions in this case (for example, if a woman donated an egg to her female partner, and the agreed female parenthood conditions were met in relation to her).