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Man Sues Fertility Clinic For Using His Sperm To Help Gay Couples

A man has sued a fertility clinic for giving his sperm to gay couples and single mums against his will. 

Neil Gaskell took legal action after learning his sperm had been given again and again to same-sex couples and single women – against his direct wishes.

He discovered there had been nine such births, plus another four to heterosexual couples – meaning he had 13 children he never knew about it.

Gaskell, 49, who has three kids of his own through IVF treatment, launched a legal fight and eventually settled on a five-figure sum, as ‘Mirror’ reports. 


In an interview he said how he held the traditional view that children should be brought up by a mother and father – accepting this is a “divisive” view.

Gaskell is now facing criticism from same-sex parents and single mums, with lesbian mother Kerry Pask saying his decision to sue was “discriminatory”.

He stated: “It’s not about discrimination, it’s not about bigotry.

“I accept some people will find it uncomfortable but I wanted any children born from my sperm to have a mother and a father.

“I accept what I said will be divisive, but these children are what matters the most. A lot of people will strongly agree with me, a lot will strongly disagree, but my concern is for the kids.

“I didn’t want them being questioned. I didn’t want people making comments like ‘Where’s your dad?’ or ‘Why do you have two mums?’

“It takes a man and a woman to create a child. You can’t argue with millions of years of biology.”

Before donating his sperm Gaskell filled in a consent form in which he specified his sperm was “not for same-sex couples” and his donation entitled them to money off a round of their own IVF.

Gaskell won a settlement against CARE Fertility Clinic following a four-year legal battle which is believed to be the first of its kind in the UK.

He stated that he has “no problem” with people in same-sex relationships, such as Elton John or Olympic diver Tom Daley, having children of their own.

He said: “I have absolutely no issue with it, be it by adoption, IVF or a surrogate. It’s just in my case I wanted them to have a father figure in their life, in my eyes that would reduce the chances of them coming looking for me when they’re older.”

A spokesman for CARE said: “CARE Fertility believes ‘Family is for Everyone’. Our teams dedicate their lives to helping people have a baby.

“Whether you are a heterosexual or same-sex couple we know that love makes a family, and we are committed to helping all our patients achieve the joy of parenthood with compassion and personal treatment.

“Our work is regulated by the Health Fertility and Embryology Authority. Errors are exceptionally rare and always reported to the regulator.”

A spokesperson for the HFEA said: “Choosing to donate to someone is an amazing, selfless act that gives some people their only chance of fulfilling their dream to have a family.

“However, it’s also a decision that has lifelong implications and therefore all licensed fertility clinics must provide donors with relevant information to ensure they make fully informed decisions.

“Our Code of Practice, which is our rule book for clinics, clearly states that while anyone who donates eggs or sperm can place extra conditions on their donation, these restrictions cannot discriminate against particular patient groups or be incompatible with the Equality Act 2010.

“We are aware of the situation involving a clinic and former donor and a full investigation was carried out.

"Lessons have been learned and the clinic now ensures that all treatments are conducted in line with our Code of Practice and the Equality Act 2010, to ensure that no one receiving treatment is discriminated against because of a protected characteristic, including sexual orientation.”



Read related myGwork articles here:


Scotland’s First Gay Couple To Get IVF On NHS Pave The Way For Gay Parents

Finland Confirms First Same-Sex Adoptions

A New Judge Ruling Allows Adoption Agencies To Turn Away LGBT+ Couples In Michigan

12% of Adopted Children in England Are Taken in By Same-Sex Couples


New Zealand Launches World’s First HIV Positive Sperm Bank




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