Protecting the Bank of Mum and Dad through cohabitation and nuptial agreements
The “Bank of Mum and Dad” remains one of the UK’s largest sources of property finance. With high property prices
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Fertility treatment is emotionally demanding, and the legal framework behind it is complex. Decisions made before treatment begins can affect parental status, responsibility and a child’s legal position so taking advice early gives you clarity and helps you avoid unintended consequences later.
Whether you are starting treatment as a couple, pursuing parenthood on your own, using a donor or considering donation yourself, the law treats each situation differently. We help you understand how the rules apply to you, in plain language, so you can move forward with confidence.
If you are not married or in a civil partnership, and you are not giving birth, specific parenthood forms usually need to be completed before treatment begins. If they are not, you may not have legal parental status, regardless of your role in the child’s life. These arrangements have long-term implications. Parental responsibility does not disappear if relationships change, and misunderstandings at the outset can be difficult to resolve later. We help you put the correct legal foundations in place from the start.
Some people enter fertility treatment with a friend or known donor. These arrangements can work well, but they often raise complex questions about roles, expectations and future decision-making. A carefully considered co-parenting or pre-conception agreement allows everyone involved to discuss key issues before a child is born. While these agreements are not legally binding in every respect, they can reduce uncertainty and provide a clear framework if circumstances change.
Tees is a top-tier Legal 500 firm offering support across all areas of family law. Alongside fertility law, we advise on relationship breakdown, mediation, court proceedings, and prenuptial and postnuptial agreements, ensuring consistent advice as family circumstances evolve. We act for clients with a wide range of needs, from complex financial arrangements to more straightforward matters.
The team at Tees Law has provided excellent service and extremely helpful advice.
Errors in fertility treatment are rare, but when they occur the impact can be profound. Mistakes or failures in consent processes, storage or treatment can have lasting legal and emotional consequences.
If something has gone wrong, we can help you understand what happened, review the legal processes involved and explore the available options. We also advise clients who want reassurance that clinics and consent arrangements are legally sound before treatment begins.
Our fertility law specialists can advise on:
Our in-house independent financial advisers work closely with our lawyers, providing regulated advice where legal and financial issues overlap.
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Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
Navigating fertility treatment is complex enough; add cross-border laws, and it can quickly become overwhelming. In this powerful case study, our Family Law team explains how specialist expertise in fertility law helped a same-sex couple secure legal parenthood and correct an inaccurate birth certificate after their child was born abroad. Discover how a pragmatic, compassionate approach and deep knowledge of the HFEA delivered a swift, life-changing outcome for the family at a critical time.
We have a team of in-house independent financial advisers who work closely with our lawyers to deliver all the advice you need. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we are accountable for all the advice we give.
If you want us to take a closer look at your situation, our fertility law specialist, Caroline Andrews, can help. We have offices in:
But we can help you wherever you are in England and Wales.
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Before any treatment can take place, you must give your consent to ensure your eggs, sperm and embryos are used in the way you want. As part of this process, you may need to confirm:
How long your eggs, sperm or embryos will be stored for
What should happen to your eggs, sperm or embryos if you die
What should happen to any embryos if you and your partner separate
You are able to specify your wishes clearly in your consent forms and, in certain circumstances, update or withdraw your consent in line with the applicable regulations.
Under English and Welsh law, a child can only have two legal parents, known as legal parenthood. The individual who gave birth to the child will automatically be the legal parent, regardless of whether they are the biological parent of the child or not. If the individual who gave birth to the child is married or in a civil partnership then their partner will become the other legal parent; unless they do not consent to the treatment that gave rise to the conception.
It is important to be aware that parental responsibility is a separate issue from legal parenthood. When undertaking treatment, it is important to consider parental responsibility and how to obtain it. Parental responsibility covers the legal rights, responsibilities and authority a person has for a child, such as making decisions about their care and upbringing.
A co-parenting agreement covers:
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.
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:
