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Fertility Law: legal advice on parenthood and donor rights
Fertility law shapes families for life. Clear legal advice on fertility treatment, parental rights and donor arrangements can help protect your family in the future.
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The legal and financial matters might be complex, but we aim to keep things straightforward and explain everything in terms that are relevant to you.
Overview
Understanding your rights for peace of mind
Before you start fertility treatment get clear legal advice
Fertility treatment can be emotionally and legally overwhelming. Decisions made before treatment begins can affect legal parenthood and parental responsibility in the future.
Whether you’re starting treatment as a couple, planning parenthood on your own, using a donor or considering becoming a donor yourself, it’s important to understand the legal issues so you can move forward with confidence.
Will I be the legal parent?
You will need to sign parenthood forms before fertility treatment begins in order to become the legal parent of the child if:
- you are not married or in a civil partnership
- you are not giving birth.
If the correct forms are not signed, you may not have legal parenthood rights, regardless of your role in the child’s life.
Parental responsibility doesn’t disappear if relationships change, but it’s important to have the correct legal foundations from the start.
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 about:
- how long your eggs, sperm or embryos are stored
- 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.
Known donation and co-parenting arrangements
Sometimes 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 the risk of future disputes and provide a clear framework if circumstances change.
The team at Tees Law has provided excellent service and extremely helpful advice.
When something goes wrong at a fertility clinic
Occasionally things go wrong with fertility treatment and this can have significant emotional and legal consequences. 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.
Your consumer rights
Fertility clinics are subject to consumer law like any other business. They should:
- Provide you with all the relevant information you need when you need it, so you can make informed decisions about whether to proceed and which treatment options to choose.
- Provide clear information, verbally, visually or in writing, which should not be misleading.
- Not engage in unfair business practices.
- Provide fair and transparent contract terms.
Supporting you through fertility treatment
Our fertility law specialists can advise on:
- Consent to fertility treatment
- Legal parenthood and parental rights
- Parental responsibility agreements
- Freezing and storage of eggs, sperm and embryos
- Pre-conception agreements
- Co-parenting agreements including issues such as residence, schooling and financial support
- Known donation arrangements
- Surrogacy advice
- Fertility clinic errors and complaints.
Fixed-fees
You can get fixed-fee legal advice on fertility law issues including legal parenthood and parental rights.
Contact us today
Please complete this form and one of our team will be in touch with you shortly.
Tees Law does not provide Legal Aid. You can find more information here about Legal Aid and eligibility requirements.
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Case study: cross-border fertility law support
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.
Legal and financial advice
Tees is a top-tier Legal 500 firm offering joined-up legal and financial services for all your family law requirements, from divorce mediation to court appearances, and prenuptial and postnuptial agreements.
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.
We’re here to help
If you’d like to speak to one of our team, our family and divorce lawyers are based in:
- Cambridgeshire: Cambridge
- Essex: Chelmsford, and Saffron Walden
- Hertfordshire: Bishop’s Stortford and North Herts
But we can help you wherever you are in England and Wales.
Case study: Securing legal parenthood after a clinic consent error
A historic fertility clinic error cast doubt on a non-birth parent’s legal status years after treatment. This case study shows how the court restored parenthood and secured legal certainty.
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Frequently asked questions
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Fertility law FAQs
What do I need to consider before storing eggs, sperm or embryos?
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.
What is legal parenthood?
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.
What is parental responsibility?
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.
What does a co-parenting agreement cover?
A co-parenting agreement covers:
- Who the child will live with
- Who will have parental responsibility
- Who will be named on the birth certificate
- How much contact the child will have with the other parent
- Decision making once the child is born e.g. where they will go to school
- Consent to treatment and storage and what happens if there is a dispute?
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?
