Our family law team was recently instructed in a sensitive cross-border matter involving fertility treatment and parental rights. The client approached us after reading about Senior Associate Caroline Andrews’ specialist work in fertility law. With recent articles published on our website and LinkedIn, she was recognised as a trusted expert in this developing area of law.
For context:
The client and her wife had undertaken fertility treatment in the UK, and her wife was pregnant using donor sperm, so the client was not genetically related to the child. However, their child was born prematurely abroad. Because the law in that European country does not recognise same-sex marriage, the client was unable to be named on the birth certificate. The family faced three key challenges:
- How to obtain legal parenthood status.
- How to address the inaccurate birth certificate
- How to ensure both parents have parental responsibility.
What happened next:
Caroline drew on her detailed knowledge of the Human Fertilisation and Embryology Act (HFEA) to confirm that the Act still applied even when a child is born overseas. Careful review of the legal paperwork completed at the time of conception allowed her to confirm that both parents held legal parenthood. Caroline also gave clear guidance on the important differences between legal parenthood and parental responsibility.
The team then explored ways to resolve the birth certificate issue. Although declarations of incompatibility were an option, the clients wished for a faster outcome. Caroline identified a practical route through the Births and Deaths Registration Act 1953, allowing an application for a consular certificate.
This produced a UK-recognised birth certificate naming both parents, a hugely positive outcome for the family.
Giving you the full picture:
Throughout the matter, our Family Law team worked with sensitivity, aware of the emotional strain on the family and their concerns over discriminatory laws abroad. The clients valued the pragmatic, forward-looking approach, particularly given their child’s ongoing health needs.
