Fertility Lawyers

Expert Fertility Solicitors

Fertility law is a rapidly developing area as more individuals and couples explore alternative routes to parenthood. A fertility lawyer can provide essential legal support in cases involving donor sperm or eggs, frozen embryos, and co-parenting arrangements.

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  • “The family law team at Osbornes is one of the strongest in London; across all areas of work from international cases, financial and children work, Osbornes is a market leader.”

  • “Osbornes is a power house of a family firm. They are robust but realistic and client focused.”

Building a family through less conventional methods can be both rewarding and challenging. Fertility law is detailed in the UK, and rightly so, as clear rules are there to protect both your medical experience and future parental rights. Regulations affect everything from who is legally recognised as a parent, to what happens if there is a dispute over embryos, to the process of using a donor or a surrogate.

The fertility team at Osbornes advise on every part of fertility law in England and Wales. We act for birth parents and co-parents seeking IVF, those involved in surrogacy, and anyone considering donor conception.

Our award-winning fertility law unit, led by specialist Naomi Angell, ensures your rights are protected throughout your journey to parenthood. We can support you from the very start, or step in if things become complicated, answering questions such as:

  • What legal rights will each party have on the birth of a baby?
  • How do the intended parents secure parental responsibility?
  • What happens in the event of a relationship breakdown, a partner’s death, or if someone changes their mind?
  • Can we use embryos posthumously?
  • What if there is a dispute over a child’s parentage?
  • What are the complications around unmarried couples, LGBTQ+ families or platonic parental relationships?

Our comprehensive fertility law services

Assisted reproduction and IVF legal support

Assisted reproduction is the process of getting pregnant through medical treatment, not sexual intercourse. The main types of assisted reproduction include:

  • In vitro fertilisation (IVF)
  • Intrauterine insemination (IUI)
  • Intracytoplasmic sperm injection (ICSI)
  • Donor insemination
  • Egg and embryo donation

In the UK, clinics offering these treatments must be licensed and regulated by the Human Fertilisation and Embryology Authority (HFEA). The HFEA sets the standards clinics have to meet, and also provides clear guidance for anyone using or considering these options.

Each method comes with its own legal requirements, particularly around who will be recorded as a parent. Consent forms must be completed before treatment begins. Completing these forms correctly should ensure that legal parenthood automatically passes to the intended parents, but it’s not uncommon for paperwork errors to cause legal uncertainty.

Our team advises on all legal aspects of IVF and assisted reproduction. We check that all paperwork is in order, explain the legal implications of each choice, and help make sure your rights—and those of your future child—are protected.

For those using donated eggs or sperm, we advise on what extra steps are needed to record legal parenthood, especially for unmarried or same-sex couples.

Surrogacy arrangements

Surrogacy is legal in the UK but heavily restricted. Paying a surrogate more than reasonable expenses is not allowed, and it is against the law for solicitors to draw up or negotiate a surrogacy contract. Arrangements rely mainly on trust between the surrogate and the new parents.

There are two types of surrogacy:

  1. Gestational (or host) surrogacy – where donor eggs are used, so the surrogate is not the genetic mother.
  2. Traditional surrogacy – the surrogate uses her own egg, so she is both the birth and genetic mother.

Under UK law, the woman who gives birth is treated as the legal mother, even if the baby is not biologically hers. If the surrogate is married, her husband/ wife or civil partner will be treated as the child’s second parent in most circumstances.

This position can leave the intended parents vulnerable. Therefore, it is important to understand the process of obtaining a Parental Order, which transfers parental responsibility and legal recognition to the new parents.

Our team can help you obtain a Parental Order. There are strict rules to follow, including obtaining the surrogate’s consent and proving that your arrangement was not a commercial one.

There are also practicalities to consider, such as arrangements during the pregnancy and birth. Our legal team can help make sure you’ve thought of everything before you begin.

Donor conception

Donor conception means having a child using sperm, eggs or embryos donated by someone who is not one of the intended parents. The term covers self-insemination as well as clinic-led fertility treatment such as IVF. It can also include surrogacy when gametes are donated.

Fertility law in the UK ensures a donor has no legal parental rights for the child if the treatment is done through a UK-licensed clinic and licensed sperm provider. They will not be named on the birth certificate, or hold any legal parentage or parental responsibility for the child.

These important protections are lost if the treatment is not done through a registered clinic, and the donor may be considered a parent by law.

Our specialist solicitors can discuss these critical differences with you and give advice.

Adoption related to fertility treatments

Sometimes, fertility treatments create complex family structures that are best formalised through adoption. For example, adoption may be necessary:

  • In surrogacy arrangements where the parents do not meet the requirements for a Parental Order.
  • If the fertility treatment or surrogacy happened overseas.
  • Where a non-biological parent wishes to secure full legal parenthood of a child conceived through donor conception, especially in blended or same-sex families.
  • If a court decides that adoption is the most appropriate route to protect the welfare of the child.

Our specialist team can provide seamless support where you need those additional legal steps to secure family relationships.

Why choose Osbornes Law?

Recognised legal expertise

Led by top fertility specialist Naomi Angell, our lawyers are recognised as a leading team in fertility law, with particular expertise in complex international cases. We have represented parties in landmark cases which led to important HFEA policy reviews.

Comprehensive experience across all fertility law areas

Our broad expertise covers every aspect of fertility law, from routine IVF consent advice to complex international surrogacy disputes. Fertility treatment often demands a long-term holistic view, taking into account not only legal parenthood but also future family arrangements and inheritance issues. We break all the considerations down into next steps you will feel empowered to undertake.

Sensitive and understanding

We recognise that fertility treatment often follows years of disappointment and represents your hopes for the future. Our approach combines legal excellence with genuine empathy, ensuring you feel supported throughout the challenging journey. We are proud to be rated “Excellent” on Trustpilot. Read our reviews to see what our previous clients have said about our service.

Fertility FAQs

What is fertility law?

Fertility law is the area family law that deals with legal parenthood, rights, and responsibilities in cases involving assisted conception, such as IVF, surrogacy and sperm/egg donation. It covers both the legal status of the child and the agreements between intended parents and third parties involved in conception.

Who is the legal parent after fertility treatment?

Legal parenthood after fertility treatment depends on several factors including:

Your marital status The type of treatment Consent forms Whether donor gametes are used

The woman who gives birth is always the legal mother. A Parental Order may be required to transfer legal parenthood to the intended parents.

How does fertility law protect parents’ rights?

Fertility law sets out clear rules about who is recognised as a legal parent, as well as the steps that need to be taken when navigating non-conventional reproductive methods. These laws are designed to ensure that only those who have given proper, written consent before treatment are legally recognised as parents, and the best interests of the child are maintained.

The law itself is complicated, and having clear agreements in place is the safest course of action. Talk to us about the steps you need to take.

When should you consult a fertility lawyer?

It’s best to seek legal advice before treatment begins, especially in surrogacy or donor situations. This ensures you fully understand your legal position and can put the right agreements in place from the start.

What does a fertility lawyer advise on?

Our fertility solicitors can help you:

Explore your available routes to parenthood Secure legal parenthood through Parental Orders or adoption Understand your rights and obligations Resolve disputes regarding consent, legal parenthood, parental responsibility, surrogacy and child arrangements.

Speak to a Fertility Lawyer Today

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    • Maria takes a child-focused approach to cases. She is good at grasping how a child might feel in a situation and this makes her stand out as excellent in her field.

      Chambers 2025

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      Legal 500 2025

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    • The firm’s alternative parenting team is headed up by Naomi Angell, handling domestic and international adoption, surrogacy, and fertility issues.

      Legal 500 2025

    • Osbornes‘ family team is headed up by Mark Freedman, a mediator and fighter who will get the job done on both complex financial matters and international children cases.

      Legal 500 2025

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      Chambers UK 2024

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      Trust pilot

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      Ben K

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      CHAMBERS UK 2023

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      Legal 500 2023

    • Bridget Thompson is a public law specialist noted for her extensive children public law practice.

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      Chambers UK 2021

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      Legal 500 2021

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      Legal 500 2020 - Mark Freedman

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      Legal 500 2020 - Mark Freedman

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      Legal 500 2020 - Mark Freedman

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      Chambers & Partners Directory 2020, Mark Freedman

    • Bridget Thompson is a public law specialist noted for her extensive practice in matters involving alternative families and adoption. An interviewee observes: "She's a fighter, she's clever, and she understands all aspects of a case."

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      The Legal 500

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      The Legal 500

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      The Legal 500

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      Chambers UK

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    • "Recognised for its expertise in both domestic and international adoption, as well as assisted conception."

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      Chambers UK

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      Legal 500

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      Legal 500

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      Family Law department client

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      Chambers UK

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    • Naomi Angell leads the market in cross-border children law matters. Sources confirm that she is "at the cutting edge of changing law and policy" when it comes to international adoption

      Chambers UK

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