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Children’s law services
About Fertility Law in the UK
Why use a fertility lawyer?
Having a child via donor conception, IVF, IUI or surrogacy can introduce unexpected issues that require careful thought and action. Each method of assisted reproduction has its own unique legal considerations, and your legal interests differ depending on whether you are a parent, donor or co-parent. Key issues include:
- 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
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 individuals
Fertility clinics are regulated by the HEFA (Human Fertilisation and Embryology Authority) and offer a wide range of fertility treatments, depending on your circumstances.
Fertility treatment typically includes counselling, consent documentation for the use and storage of embryos/eggs/sperm, and medical screening.
What preconception advice can you give me?
Often prior to embarking on fertility treatment your chosen clinic will 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:
- Legal implications of the use of donated gametes, including information rights
- Ensuring you are recognised as the legal parent including the options and procedures for this
- The importance of consent both now and for the use and storage of embryos going forward
- If appropriate, support you in discussing and documenting your platonic parenting agreement
What if there is a dispute or a change in circumstances?
We can explain the implications of any changes to your plans, giving advice and support to minimise the impact. For example:
- Reviewing and/or varying your agreement for embryo storage and future use, should you and your partner/co-parent separate or change your mind
- Disputes regarding continued use and/or storage of embryos
- Use of embryos posthumously
- Importing and exporting embryos
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