Genetic Parentage vs Legal Parentage

When you are creating a family using assisted reproduction, there are two different things that you will see, and they don’t always matchup: genetic parentage and legal parentage. At Ekmi Fertility, we’re here to guide families through these differences every single day.

What Is Genetic Parentage?

Genetic parentage is the biological relationship between a child and its parent. It is determined by DNA – whose egg and sperm created the embryo. In the conventional view of parentage, legal and genetic parents tend to be one and the same. But modern fertility treatments create situations in which the two diverge:

Egg donation: The mother-to-be is not always be genetically related to her child

Sperm donor: Intended father may be not genetically related

Donating an embryo: The child and their parent share no biological process

Surrogacy: The woman pregnant with the baby may not be genetically related to the child

What Is Legal Parentage?

Legal parentage is what confers rights and duties of a parental kind in the eyes of the law. This can be from custody to inheritance, medical decision making and financial responsibility. There’s a twist, here: legal parentage isn’t simply by default related to genetics. It’s established through:

Birth certificates

Court orders and adoption decrees

Parental agreements

Marriage presumptions (in some jurisdictions)

Pre-birth orders in surrogacy cases

Why the Difference Is Important in Fertility Care

Ekmi Fertility helps you with donor conception or surrogacy, keeping these topics distinct will help ensure that your family remains safe both legally and emotionally.

For intended parents:

You do need to have a legal proof of that biological tie.

Bioligical parentage ensures your parental rights right out of the gate.

As proposed now, genetic parents could claim rights without the right papers

For donors and surrogates:

Existing legal agreements waive their rights and responsibilities as parents

Clear contracts protect everyone’s intentions

Proper documentation prevents future disputes

Creating Families in Assisted Reproduction

Depending on the location and context, this may include:

Pre-conception agreements: These are prepared before treatments, which outline what everyone’s rights and intentions are

Court orders: Possibly necessary for surrogacy agreements

Birth certificate procedures: Some allow direct intended parent names, and some require adoption

Second-parent adoption: Often required when one of the intended parents is not genetically related

This tells us something important: biological connection doesn’t automatically give you legal rights, and biological facts alone can’t create legal status.

Navigating Your Family Building Journey

At Ekmi Fertility, we work with surrogacy attorneys to protect your family’s legal rights and leave the medicine to us. The emotional reality is straightforward: parenthood is an institution of love and devotion, not unlike marriage – and it’s not fixed by our genes.

Whether you are using donor eggs, donor sperm or a surrogate, there is legal documentation that makes you the parent in every way that matters in the eyes of the law.

FAQs

Do genetic parents have a claim to become legal parents?

Not always. Legal parentage needs to be established through birth certificates, court orders, adoption papers, etc., regardless of genetic linkage.

What rights do egg donors have to their children?

With appropriate legal agreements, egg donors have no parental rights or responsibilities to children resulting from their donation.

How do I become a legal parent with donor conception?

Work with a reproductive lawyer to establish pre-conception agreements and comply with your jurisdiction’s requirements for birth certificates or adoption orders.

Can a child end up having both parents as legal parents with no DNA connection?

Yes. Both intended parents can achieve full legal parentage through appropriate legal means such as adoption and parental orders, regardless of genetic connections.