Children born of sperm donors win right to take on Government

Individuals conceived by donor insemination have won the first round of a legal battle that could ultimately give them the right to learn more about their fathers.

A High Court judge ruled yesterday that they have grounds under the European Convention on Human Rights to take on the Government in a judicial review of its current policy on the dissemination of information about sperm donors.

During a test case involving a six-year-old girl from York, who cannot be named for legal reasons, and Joanna Rose, 30, who was born in the UK but now lives in Brisbane, Australia, Mr Justice Scott Baker ruled that article 8 of the convention provided grounds for a legal challenge.

The article guarantees respect for private and family life, including the right to form a personal identity. Ms Rose and the girl were conceived using sperm from anonymous donors.

A victory would not mean that donor fathers would be identified. However, their children would be given more information about them, such as their profession, interests and religion.

The judge said donors had given sperm on the basis that their identities would be protected forever and it was not the intention of the court to breach such confidentiality.

Mr Justice Baker said: "Any failure now to honour that understanding, quite apart from being manifestly unfair to the donors, would drive a coach and horses through the Aid [artificial insemination by donor] system."

Supported by Liberty, the civil rights body, the six-year-old girl, known only as EM, and Ms Rose would like more information about their biological fathers.

The Human Fertilisation and Embryology Authority and Alan Milburn, the Secretary of State for Health, argue that they have no legal power to provide more information to donor offspring.

Because Ms Rose was born in 1972, she cannot benefit from the provisions of the 1990 Human Fertilisation and Embryology Act, which allows some donor information to be disclosed.