Assisted reproduction allows someone to get pregnant through treatment, without the need for sexual intercourse.
read moreThere is a range of fertility treatment options outlined by the NHS; however, many people choose to have these treatments done privately.
Some examples of assisted reproduction treatments include:
Fertility clinics that offer these treatments are regulated by the Human Fertilisation and Embryology Authority (HEFA)
Beyond these methods, some individuals may choose Surrogacy or co-parenting, which have their own legal considerations. Regardless of the route you go down, our fertility lawyers can give you tailored legal assistance.
Who can use assisted reproduction?
Assisted reproduction is avaialble to couples who are struggling to conceive, whether this be medical issues, or same-sex couples. Single parents by choice can also use assistive reproductive technologies. There are NHS and other guidelines to be aware of.
Why use a Fertility Lawyer?
The law around fertility is often complicated, particularly when it comes to legal parenthood of the child. To ensure the smoothest and most pain-free process for you and your partner, a fertility lawyer can help highlight any potential issues and ensure all procedures are carried out with the correct legal paperwork.
Before embarking on fertility treatment, your chosen clinic might suggest, or may even require, that you speak with a solicitor to explain the legal consequences of your treatment.
Our fertility law team can advise on:
Our fertility solicitors can explain the implications of any changes to your plans, giving advice and support to minimise the impact.
read moreFor example:
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Advancements in reproductive medicine have meant that there are now more options available to people expanding their families. We are passionate about supporting you navigate those options and ensuring your family is legally protected.
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Examples of legislation that regulates assisted reproduction in the UK include:
There is also guidance in place regarding assisted reproduction and handling passport applications
Fertility clinics and human embryo centres are regulated by the HFEA. They need to apply for a licence with this body to operate and inspections are completed before granting or renewing a licence.
Clinics and research centres need to be inspected every two years in line with the HFEA’s Code of Practice, although inspections can be done more frequently if there has been a complaint or another reason to do so.
As well as this, clinics legally need written consent before carrying out any work. This covers the treatment itself, as well as the storing of eggs, sperm and embryos. Beyond this, consent is required for donation, surrogacy, parenthood and more.
Fertility law covers the intricacies of IVF and solicitors can help you understand it in more detail before going ahead with it.
IVF works in the same way as natural conception when determining who the legal parents are. If a couple have used their own egg and sperm in IVF and are married or in a civil partnership, that means both parties are the legal parents (assuming the non-carrying partner hasn’t refused consent). However, if a couple aren’t married, the pregnant partner will automatically be the child’s parent, whereas their partner needs to apply for parental responsibility.
If the egg or sperm has been donated, the person who gives birth to the child will be the legal mother and have parental responsibility with their married or civil partner. If they are unmarried, the partner will need to apply for parental responsibility. Meanwhile, the person who donated the egg or sperm will not have any parental responsibility.
An unmarried couple need to complete the correct HFEA forms before undergoing assisted reproduction.
The right protocol should be followed before conception for the non-carrying partner to obtain legal parenthood. This involves having counselling and receiving clear guidance. Any paperwork needs to be completed correctly, otherwise this partner won’t be considered a legal parent. Sometimes, the paperwork might be incorrect or misplaced by the fertility clinic, which is where an experienced fertility lawyer may need to intervene.
In addition, if the conception happens at home and the pregnant partner is unmarried, this can complicate things. The donor could be recognised as the legal father of the child, even if this wasn’t the intention. Their name would be recorded on the child’s birth certificate, making them liable for paying child maintenance. On top of this, they can have a say over arrangements for the child with an application to the Courts.
This is why it is so important to seek comprehensive legal advice from a fertility law specialist before considering assisted reproduction. Some people choose to enter into a pre-conception agreement so that the legal aspects are clear.
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