As a sole parent, I often think I really need to sort out my will to ensure I have planned and provided well for Boo in the event that something might happen to me before I have nurtured her into the independent and amazing young woman I foresee she will be.

My concern, and I know the concern of many parents is about the guardianship of their children. So I’m delighted to have Watts McCray Family Lawyers and Divorce Lawyers guest post with some of the answers to my questions.

Understanding the appointment of a guardian for children conceived by sperm donation in your will

As parents, our most precious assets are our children. And while it may seem morbid to contemplate, it’s important to think about how you would protect those assets in the event that you are no longer around to care for them.

Appointing a guardian in your will can be a difficult task. Not only will you have the hard choice of whoto dedicate as the carer of your children, you will have to consider whether they would be willing to take on the responsibility.

Furthermore, it’s also important to note that your appointment of a guardian in your will is not legally binding. If your appointed guardian is unable to –or does not accept – the guardianship, the Family Court can intervene. While the best interests of the child will always be the main priority, the Family Court does have the power to appoint a different guardian.

Do different rules or laws apply for children conceived by sperm donation?

Guardianship laws and legal wills are not different for children of sperm donors. The Status of Children Act outlines that once a child is born, the sperm donor is not considered – legally or otherwise – the parent. Therefore parents of children conceived by sperm donation will appoint a guardian in the same way as naturally conceived children. These appointments will also not be legally binding. This means that if the Family Court deems it necessary, they can step in and appoint another guardian. Again, the best interest of the child will be the main priority when making decisions that concern children.

Does the sperm donor have any rights or responsibilities?

By law, sperm donors are irrefutably presumed not to be the parent – whether the child is born into a same-sex, hetero or single mum family. This gives them no legal rights when it comes to the upbringing of the child.

However how this presumption has played into Family Court decisions has varied. There have been cases, for example, where judges have granted contact orders so that a sperm donor can spend time with the child.

Prospective parents who are thinking about the participation of a sperm donor, or parents who are considering guardianships and legal wills should seek advice from a family lawyerwho can ensure that you are aware of the legal implications.

“This guest post was brought to you in collaboration with Watts McCray”