Fertility Lawyers

Examples of legislation that regulates assisted reproduction in the UK include:

• Human Fertilisation and Embryology Act 1990
• Human Fertilisation and Embryology Act 2008

There is also guidance in place regarding assisted reproduction and handling passport applications

Our legal experts regularly help same-sex couples navigate the intricacies of fertility law. Certain assisted reproduction options will be better suited to your circumstances and you may need to take extra caution around the legalities of parental responsibility if you aren’t in a civil partnership.

Find out more about fertility treatment for LGBT+ people on the HFEA website.

Our fertility lawyers are experienced in matters relating to egg and sperm donor rights.

If you give birth to a child, you will be the legal mother, even if using a donated egg.

However, if you donate sperm through an HFEA clinic, your name will not be on the birth certificate and you will not be the legal parent of any child born. This means there will be no legal obligation to the child and you will not be asked to support them financially.

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.