At Stowe Family Law, we’re proud to have a knowledgeable team of specialist solicitors who have experience navigating the complexities of fertility law.
read moreAdvancements in science and technology have meant that there are more ways than ever for couples to grow their family, or for individuals to become single parents.
Whatever your path to parenthood, our specialist fertility lawyers are on hand to guide you through the legal elements of the process, ensuring a smooth journey.
Unfortunately, UK fertility law is complex when it comes to donor conception and fertility treatments. The law still lags behind the needs of modern families. However, our expert lawyers will support you every step of your unique path.
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.
Donor conception is the term covering ways of having a baby by using donated sperm, eggs or embryos through self-insemination or fertility treatment, such as IVF. It can also include surrogacy when gametes are donated.
Donor conception is when a person donates their sperm, egg or an embryo, and recipient parent(s) receive the donation. They can then follow the steps to conception through treatments such as In vitro fertilisation (IVF), Intracytoplasmic sperm injection (ICSI) or Intrauterine insemination (IUI).
Donor conception is a form of assisted reproduction.
Your GP or another medical professional may recommend donor conception to you for a variety of different reasons. These could include, but are not limited to:
read moreWhatever your reason, our empathetic solicitors are here to help you navigate the legal complexities.
Fertility law in the UK can be complex and everyone involved in the process has legal rights and responsibilities.
read moreThe legal consequences of your chosen treatment will likely need discussing with a solicitor, and you may be recommended or required by your clinic to speak to a fertility lawyer before embarking on the journey.
Our team can advise on:
There are a number of legalities around informational rights. It is important to note that donors are not considered the legal parents of the donor-conceived child. Recipient parents are automatically considered the legal parents.
The key pieces of legislation are:
Human Fertilisation and Embryology Act 1990
Human Fertilisation and Embryology Act 2008
We’re proud to be a member of The Surrogacy Network, the leading directory and platform for surrogacy professionals.
I know you are excited to get started on your family building plans, but if you are using a known donor you need early legal advice to ensure that you understand how legal parentage will be assigned at birth.
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The three types of donation are egg donation, sperm donation and embryo donation.
If you are intending on donating your gametes, you should do it through a registered clinic. The Human Fertilisation and Embryology Authority (HFEA) has a list of registered clinics.
It is recommended that you speak to a fertility lawyer to understand your legal rights and responsibilities as a donor.
Yes, you can donate your eggs or sperm if you identify as LGBTQ+.
In May 2024, the government passed a law which means that LGBTQ+ people who have non-transmissible HIV can donate their eggs and sperm.
However, there are restrictions regarding eligibility criteria. These are not specific to LGBTQ+ couples but may apply to trans-men who have started to undergo hormone replacement therapy (HRT) as the quality of eggs can be reduced.
Fertility law in the UK means that the donor has no legal rights to the child if you use a registered donor clinic. This means that they have no legal or financial obligation to the child. They will not be named on the birth certificate, and you (and your partner, if you have one) will be the child’s legal parents. They have no legal right to have a relationship with the child.
Where legal complications can arise is if the treatment is not done through a registered clinic, as the donor may be considered a parent by law.
Our specialist solicitors can discuss this with you and give advice.
It is illegal to pay for donation in the UK. You may be able to receive compensation, which is up to £750 per donation cycle for eggs, and £35 for sperm. You may be able to claim more if your travel or other expenses were more than this.
It is legal to donate to your family member, however there are restrictions on mixing the eggs and sperm of close family members, e.g., brother and sister (including half brothers/sister).
If you are a woman and you give birth to a child, you are automatically considered the legal parent of the child, regardless of whether the egg is donated or is your own.
As a donor, providing you use a registered UK fertility clinic, you will have no legal rights or responsibilities towards any child conceived from your donation.
However, this can be more complex if you do not use a registered clinic as you may be considered the legal parent.
It is best to seek legal advice, as well as the advice of the fertility clinic, before embarking on the donation journey.
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