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What is fertility law?
At Stowe Family Law, our team of fertility law experts offers tailored guidance and assistance to individuals and couples seeking to expand their family.
Significant progress in reproductive science and technology, and the evolution of UK fertility law, mean that there are now more options for having children than ever. As you embark on your journey towards fertility treatment, it’s important to approach it with awareness of the legal considerations involved. These encompass aspects such as legal parenthood, partner and donor consent, as well as your rights and duties as a parent. While these concepts may seem daunting, seeking guidance from a family law specialist can provide invaluable support in navigating them smoothly.
As a dedicated family law firm, we’re always at the forefront of knowledge in this fast-developing area. Our wide-ranging fertility law expertise covers assisted reproduction, artificial insemination, surrogacy, co-parenting, and everything in between. We’ll explain the law surrounding fertility in plain, understandable language so you can make informed decisions about how you want to proceed.
Our goal is to foster an inclusive and inviting atmosphere for everyone, regardless of their background or personal traits. We have specific expertise in assisting LGBTQ+ couples as they embark on the journey of expanding their families.
What can fertility solicitors support me with?
Fertility Law in the UK
Why use a fertility lawyer?
Having a baby using less conventional methods can feel complicated, not to mention emotional.
Our expert fertility lawyers will be on hand throughout to help you understand the legal considerations and provide the information needed. They will also ensure the necessary documentation is in place and that legal formalities are dealt with so you can focus on what matters most.
Having a child via donor conception, IVF, IUI or surrogacy can introduce unexpected issues and unique legal considerations. Your legal interests differ depending on whether you are a parent, donor or co-parent.
A fertility law firm or lawyer can help you with key issues such as:
- Consent to storage and use of your egg, sperm or embryo
- Knowing your right to alter arrangements or withdraw consent
- Who the legal parents will be
- Who will have parental responsibility
- How treatment will be funded
We’re proud to be a member of The Surrogacy Network, the leading directory and platform for surrogacy professionals.
Fertility law is a rapidly evolving field that demands precise legal knowledge and sensitivity to personal circumstances. Our expertise ensures that all legal aspects of fertility, including donor agreements, adoption and surrogacy, are meticulously managed, providing peace of mind to families as they grow.
Meet our fertility law solicitors
Where are our family law solicitors based?
Find your nearest office
Bishop’s Stortford
The Residence Coworking, New Mead Barn, Wickham Hall, Hadham Rd
Bishop's Stortford
CM23 1JG
Bournemouth
25 Basepoint Business Centre, Aviation Business Park, Enterprise Close
Christchurch
BH23 6NX
Norwich
Regus - Norwich Stannard Place, Cavell House & Austin House, Stannard Place, St Crispins Rd
Norwich
NR3 1YE
Why choose Stowe Family Law?
- We’re the only national law firm 100% dedicated to family matters, which means our family lawyers have a huge depth and variety of experience in this sector.
- We take pride in offering an empathic, understanding approach to support you and your family during your case.
- You’ll be kept in the loop throughout the process and our family lawyers won’t use technical jargon to complicate things further.
- We are authorised and regulated by the Solicitors Regulation Authority (SRA) and are listed amongst The Legal 500
- We’re proud to have been shortlisted for national awards and been named Family Law Firm of the Year by the Hampshire Law Society and at the Yorkshire Legal Awards.
- We’re rated ‘Excellent’ on Trustpilot, based on hundreds of reviews from past clients.
- You can access our wealth of helpful guides to support you with your family law queries.
Fertility law FAQs
Fertility law FAQs
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Is surrogacy legal in the UK?
Surrogacy is indeed legal in the UK. However, surrogacy agreements are not enforcable by law.
If a child is born through a surrogate, the surrogate will be the child’s legal parent at birth. After the child is born, legal parenthood can be transferred to the intended parents via a parental order or adoption.
It is important to know that you cannot pay a surrogate in the UK.
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What is assisted reproduction?
Assisted reproduction allows someone to get pregnant through treatment, without the need for sexual intercourse.
There 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:
- Intrauterine insemination (IUI)
- In vitro fertilisation (IVF)
- Intracytoplasmic sperm injection (ICSI)
- Donor insemination
- Egg donation
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.
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Who can use assisted reproduction?
Assisted reproduction can be accessed by:
- Opposite-sex couples
- Same-sex couples
- Individuals
- People entering a surrogacy arrangement
- Couples seeking platonic co-parenting arrangements
- Transgender people
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Where can I find out more information about assisted reproduction for same-sex couples?
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.
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What are the legal rights of egg or sperm donors in the UK?
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.
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How are fertility clinics regulated?
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.
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What are the complications around unmarried couples and fertility law?
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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What does platonic coparenting mean?
Coparenting means two people sharing the responsibilities of raising a child. This term is often used to refer to ex-partners, but it can involve two people who have never been in a romantic relationship. This is referred to as platonic coparenting.
This is a fairly new approach to starting a family that is more common in the LGBTQ+ community, but is gaining popularity in wider society.
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How does adoption work in the UK?
Adoption is a lengthy and challenging process (quite rightly) and one that requires commitment, dedication and emotional and legal support.
Our team of adoption law specialists understand this process and are on hand throughout to guide you with care, compassion and integrity. They will ensure you understand the legal complexities, provide the information needed, ensure that the necessary documentation is in place, and legal formalities are complied with.
Becoming a parent through adoption is a wonderful opportunity for those who may previously have not had the opportunity to have a family and to give children a loving and supportive home.
Having the right legal support will ensure that you and your child are protected throughout the journey.
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