Fertility Lawyers

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.

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.

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

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.

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.

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.

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.