How can fertility treatment impact employment rights?

Whilst undergoing fertility treatment, you will not be entitled to statutory time off.  However, the Advisory, Conciliation and Arbitration Service (ACAS) guidance states that employers should treat appointments related to IVF in the same way as any other medical appointment, under the terms and conditions of the contract of employment. If the implantation is successful, you will be entitled to maternity leave. You should consult your employment contract to find out on what terms. 

What is a preconception agreement?

A document which sets out how the arrangement will work between your known donor, or co-parent, before you conceive. Please note, a preconception agreement cannot be used in cases of surrogacy, where different rules apply. Preconception agreements are not legally binding, however they are still worthwhile as they can help you plan out some of the more difficult details of the arrangement such as:

  • Who will the child live with and spend time with
  • Who will have financial responsibility
  • Where will the conception take place, at home or at a clinic
  • Set out any issues such as responsibility for schooling or medical decisions
  • Who will be the legal parents of the child after fertility treatment?
Is surrogacy legal in the UK?

It is legal to have a child through a surrogate in England and Wales. However you cannot profit from advertising or arranging a surrogate.  You should not pay someone to be your surrogate, but you may be expected to cover reasonable expenses of the surrogate such as: treatment costs, legal costs and any loss of earnings.

What are my employment rights as a surrogate or intended parent?

Surrogate mothers will have the right to 52 weeks maternity leave and have the option to return to their job after their maternity leave. Intended parents may have the right to adoption leave or parental leave, but only one parent will be able to take adoption leave. If there are two parents, then the other may be entitled to paternity leave.

Who are the legal parents of a child born through a surrogate?

When the child is born, under English and Welsh law the surrogate will automatically be the legal mother of the child. If the surrogate is married or in a civil partnership, then their partner will be the other parent of the child initially. 

The intended parents will need to apply for a parental order within six months of the child being born, in order to become the legal parents of the child. Married or civil partnership couples are able to apply for a parental order. For single parents the law is a little more complex. 

It can take several months for a parental order to be granted and the intended parents must meet the various criteria which include:

  • Being biologically related to the child (and if a couple, a least one must be child’s biological parent)
  • Have the child living with you
  • Reside permanently in England or Wales.

When the parental order has been granted by the court, the child’s birth certificate will be re-issued with the intended parents recorded as the legal parents. 

What is the keyworker death in service payment?

It’s a new guarantee on death in service benefit, which the Government has recently announced, for frontline health and care staff, during the Coronavirus pandemic.  Families of eligible health and care workers on the frontline in England, who die from coronavirus in the course of their frontline essential work, will receive a £60k payment.  

Visit the Government website
Do I need to a Grant of Probate to get the keyworker death in service payment?

It will be necessary for the person claiming this benefit to provide either a Grant of Probate or Letters of Administration.  These are legal documents which are obtained as part of managing a deceased person’s estate.  This is because one or other of these documents would determine to whom the lump sum should be paid. You can ask a solicitor to help you to obtain these documents.

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What is the difference between plastic and cosmetic surgery?

Plastic Surgery is surgery carried out to reconstruct or repair damaged or missing skin and tissue and to restore function of skin and tissue to as close to normal as possible.  Plastic surgery includes surgery for burns, congenital abnormalities, reconstruction after some cancer surgeries and reconstruction and repair following an accident or injury. Plastic surgery is funded by the NHS.

Cosmetic Surgery is an elective surgical operation solely to enhance a person’s appearance.  Unless there is a medical need, the NHS will not pay for cosmetic surgery. The most popular cosmetic surgery procedures are breast augmentation (“boob job”), rhinoplasty (“nose job”) and abdominoplasty (“tummy tucks”).

There are also cosmetic procedures such as Botox and dermal fillers that do not involve surgery. These can be legally carried out by those who do not hold any medical qualifications.

Does the NHS pay for cosmetic surgery?

For the vast majority of people, the NHS will not pay for cosmetic surgery or cosmetic procedures as the NHS will not fund surgery or treatment undertaken without medical need.

The NHS will only pay for cosmetic procedures in very limited circumstances, e.g. to correct protruding ears or major breast abnormalities.

How much does cosmetic surgery cost?

The price of cosmetic surgery depends on the type of procedure. Generally, the total operation cost quoted is referred to as the package price and should include:

  • the consultant (surgeon) fee
  • any additional specialist fees (anaesthetists)
  • the clinic fee (includes use of the clinic/hospital facilities and any subsequent inpatient stay)
  • any aftercare. 

The costs can be higher or lower, depending on a range of factors:

  • the amount of time to be spent in hospital after the surgery
  • the time required of the surgeon in terms of the surgery and number of pre and post-operative consultations
  • the complexity of the surgery being undertaken.

If you are considering whether or not to undergo cosmetic surgery, you should check the surgeon’s credentials, which you can do on the specialist register held by the General Medical Council. You should also consider the risks of the surgery and the potential outcomes of the surgery, as well as the cost.

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