Fertility law

It’s best to get legal advice if you’re thinking about fertility treatment. If you are a same-sex couple, a single parent or are conceiving using a donor, or even considering being a donor, the legal processes can be complicated.

Fertility law solicitors: Expert legal advice

It’s good to speak to a specialist fertility lawyer about the complex and sensitive issues that can have a significant impact on the child and intended parents. Areas to cover include: 

  • consent to treatment
  • parental rights and responsibilities
  • freezing your eggs or sperm 
  • pre-conception agreements
  • co-parenting agreements covering issues such as residence, schooling, financial support for the child etc.

See our information about surrogacy law if you are thinking of involving a surrogate.

Will I be the legal parent?

If you are not married or in a civil partnership, and you are not the person giving birth to the child, you will need to have signed the correct parenthood forms, before the fertility treatment started, in order to become a legal parent of the child. Intended parents need to bear in mind that the legal arrangements can have a lasting impact with implications for responsibility, which remain even in circumstances of a family breakdown. 

Will I need a co-parenting agreement?

You may choose to enter into fertility treatment with a friend; this is often referred to as ‘known donation’. Often there are many issues that arise with known donation, so it is useful to create a co-parenting agreement to help you discuss and agree upon issues relating to the child, before the child is born. 

The family team is very experienced, client focused and able to offer specialist advice in all areas of family law. It approaches cases pragmatically and considers all aspects of non court dispute resolution as a method to assist its clients to find resolution to issues relating to finance and child arrangements.

Storing eggs and sperm

Before any treatment can take place, you must first give your consent to ensure your eggs, sperm and embryos are used in the way you want them to be. You may need to give consent to:

  • How long your eggs, sperm or embryos are stored for
  • What will happen to your eggs, sperm or embryos when you die
  • What will happen to embryos after a separation between the two people concerned 

You are able to withdraw consent at any time until your eggs, sperm or embryos have been used in treatment. 

Fertility clinic errors

If something has gone wrong during your fertility treatment, Tees’ specialist lawyers can work with both clinics and patients to help review the legal processes that were involved and help reach a solution. Fertility law is a complex area; misunderstandings or omissions can have long-term implications that are not always obvious at the time, so it is best to seek specialist legal advice – in advance of receiving fertility treatment. 

Fixed-fees

Tees can offer specialist advice on obtaining legal parenthood and also offer general advice on a fixed fee basis to help guide you through the process of fertility treatment. 

We’re here to help

If you’d like to meet one of our fertility law experts for a confidential, no obligation chat, please get in touch.

We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales

The financial services provided on this page are by Tees Financial Limited, authorised and regulated by the Financial Conduct Authority. Registered number 211314.

Our legal services are regulated by the Solicitors Regulation Authority.

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Frequently asked questions

The answers to many of your questions can be found here, please get in touch for further information.

I have been told my property has development potential. What do I do?

If you’ve been contacted by a developer or a land promoter regarding a potential development to your property, you may wish to consider granting an option agreement or a promotion agreement. An option agreement is made between the landowner and the developer, where it is intended that the developer will apply for planning permission and requires an option to buy the property. A land promotion agreement is used where a developer agrees to apply for planning permission and will market the property for sale on the open market once planning permission has been obtained. This is usually in return for a proportion of the net sale proceeds. The law on this is very complex and you will need specialist advice. 

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If you’d like to meet one of our experts for a confidential, no obligation chat, please get in touch.

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