Commentary on Sections Part 2:  Parenthood in Cases Involving Assisted Reproduction Section 35: Woman married at time of treatment
171.There is no change to the existing position in relation to a child conceived as a result of treatment with donor sperm by a married woman. Her husband will be treated as the child’s father, unless it is shown that he did not consent to his wife’s treatment. This provision (and others which operate to determine legal parenthood) is subject to the common law presumption that a child is the legitimate child of a married couple, as to which see the note on section 38 below.