Fertility Law & Parenthood Following Assisted Reproduction
IVF Lawyers
Fertility Law is at the cutting edge of legal practice as increasing numbers of families embark on alternative ways of having children. In addition to surrogacy, families are seeking to use donor gametes (either sperm or eggs) and frozen embryos or seeking co-parents.
“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.”
The Human Fertilisation and Embryology Act 2008 introduced important changes both in surrogacy law and in relation to who the law recognises as a ‘parent of a child’. The Act enables civil partners or couples who are neither, married or civil partners, whether same sex or heterosexual, to become a child’s legal parent even though they are not biologically related to that child. It is important that the strict requirements of the Act are met before legal parenthood can be acquired by a non-biological parent and there are differing requirements depending upon whether a couple are married, civil partners, or not.
Osbornes Law represented one of the Applicants A & Ors (Human Fertilisation And Embryology Act 2008) [2015] EWHC 2602 (Fam) (11 September 2015). In this case the President of the Family Division was asked to grant declarations of parentage where couples had received fertility treatment using donor sperm at clinics licensed by the HFEA. Audits revealed anomalies in the records held at the clinics. Patients received letters advising them that they considered the partner, who had been registered as the parent of the child, not to be the legal parent of their child. The patients were advised that their partner would need to adopt their child. We advised her clients to apply for a declaration of parentage, this was subsequently granted in that specific case. As a result of this case the HFEA indicated that they “will review the action we have already taken, alongside the Judge’s recommendations, to minimise the risk of this happening again.”
Osbornes Law also represented Mr H in the leading case of Re M [2013] EWHC 1910 (Fam) in which a “sperm donor” who provided sperm through natural insemination was held to be the legal father of the child. The case confirmed that if the requirements for conferring legal parenthood are not met and the child is conceived through informal artificial insemination then the common law principles apply and the donor will be the legal parent. In the case of married couples (and by inference civil partners) it is possible for legal parenthood to be changed through artificial insemination which is not provided as part of licensed treatment. The case defined the consent to be provided by the husband/ civil partner for the purposes of conferring parenthood under the Human Fertilisation and Embryology Act 2008.
Our fertility lawyers are able to provide legal advice to intended co-parents, including providing advice about parental responsibility, and issues for consideration in any co-parenting agreements.
An issue which the Courts are increasingly asked to determine is the child’s relationship with the person who is not the legal parent, (either because the requirements for conferring legal parenthood were not met or because the biological parent is not the legal parent). The Court has determined that it is possible for a biological parent who is not a legal parent to apply for permission to apply for contact and likewise a psychological, but not legal parent has been able to apply for permission to apply for an order.
The child’s welfare is always paramount in cases where the Court is asked to determine child arrangements, such as with whom a child should live and with whom a child should spend time with (formerly residence and contact).
How Osbornes Law can help you
If you are considering fertility treatment using donated gametes contact Naomi Angell for a confidential chat. After noting specific details of your circumstances they will be able to provide you with further information and options available to you. They will also give you an indication of the process, what will be required of you and the possible time frames involved.
Naomi Angell and our specialist team of solicitors can provide:
- Advice to intended birth parents, co-parents or donors on how the law applies and on what legal rights they will acquire on the birth of a baby or by subsequent agreement or court application.
- Advice about parental responsibility.
- Advice and representation of any patient, their partner or their former partner who has received notification from a clinic advising that there are anomalies in the records regarding parentage.
- Representation of any party involved in a dispute over a child’s parentage.
- Advice and representation on family breakdown.
Fertility FAQs
What is fertility law?
Fertility law is the area of 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 depends on various factors including marital status, consent forms, and how conception occurred. In some cases, the birth mother’s partner may not automatically be recognised as the second parent, especially in surrogacy or donor arrangements. A parental order or court application may be required.
How does fertility law protect parents’ rights?
Fertility law ensures that parental status and responsibilities are legally recognised. It protects parents from future disputes and ensures the best interests of the child are maintained. Legal agreements can help avoid misunderstandings between donors, surrogates, and intended parents.
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 helps you:
- Secure legal parenthood through parental orders or adoption
- Draft surrogacy or donor agreements
- Understand your rights and obligations
- Resolve disputes if they arise
- Claim compensation in cases of fertility negligence
Speak to a Fertility Lawyer Today
Call us 020 7485 8811
Email us Send us an email and we’ll get back to you
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.
Jonathan is thorough, intelligent, hard-working and committed. He knows the law very well and is committed to the rights of children.
Bridget has a phenomenal reputation, is a very good lawyer and one of the stars in children work.
Osbornes offers a high level of client care and manages client expectations realistically.
They have a strong team, are heavyweights in this space and are very well respected in the courts.
Simone McGrath is an excellent international children lawyer.
I have found the team at Osbornes works very well together to diligently produce a quality end result. Client service has been excellent and I feel like I am in safe hands.
I consider them a go-to for conciliatory work on the children side.
Osbornes is a power house of a family firm. They are robust but realistic and client focused.
Osbornes has lawyers with excellent experience.
Bridget Thompson handles child inclusive mediations.
Lisa pepper heads the Mediation team and she is often mediating for high-net-worth individuals in both financial and private children matters.
Simone McGrath has an incredible knowledge of international cases. She has been involved in many leading cases and is a go-to lawyer in the field.
Maria Kitsiou heads up the domestic children offering.
Lauren Hall leads the international children team.
The firm’s alternative parenting team is headed up by Naomi Angell, handling domestic and international adoption, surrogacy, and fertility issues.
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.
A market leader across public law, international cases, financial and children work.
The team is experienced in handling matters where there are allegations of abuse and non-accidental injury, as well as situations where children's welfare is at risk due to parents' substance misuse or mental health issues.
The lawyers at Osbornes are very well established and have a lot of experience between them, which gives them a lot of confidence and a willingness to think out of the box.
Their client care is really impressive and they have such breadth of experience
In a long standing issue with my ex and our child, Lisa and her team have always given me advice that has been first class. Lisa has a deep knowledge of how the courts work and which arguments will work and which will not and will advice exactly what to do and when.
My solicitor Jon Jonas came across as a genuine, very skilled solicitor who demonstrated great insights and experience in complex child arrangement cases. He has been able to create and implement an effective strategy to deal with extremely toxic matters.
"Osbornes Law have a very broad family practice which does all areas of family law at a high level. They have an excellent practice; they are top quality across the board."
Naomi Angell has considerable strength in adoption, surrogacy and fertility issues
Bridget Thompson is a public law specialist noted for her extensive children public law practice.
"She has an encyclopaedic knowledge and an in-depth understanding of this work. She's extremely empathetic and can put herself in the client's shoes. She's also very strategic and is good at pre-empting litigation."
"David Leadercrammer is such an experienced wonderful lawyer who you would want on the other side of your case. He’s sensible, pragmatic and hugely experienced in money and children cases."
Osbornes have been a sound firm forever. They have phenomenal work and an excellent skill set.
Osbornes have high-end partners doing high-end work. They are very impressive.
They have an excellent practice; they are top quality across the board.
Osbornes have a very broad family practice which does all areas of family law at a high level.
He is very hard-working, diligent and thoughtful in his approach. He is on top of the detail and makes strategic decisions.
He commits himself to getting the best results.
He’s a really tough litigator that you certainly want on your side. He will defend his clients to the hilt.
Mark is an immensely capable lawyer, with vast experience and a well-deserved reputation for getting the very best for his clients.
Lisa Pepper is extremely hard-working and adored by her clients. She is a very empathetic and approachable lawyer.
She’s an extremely supportive and kind lawyer and has an increasing mediation profile too
Simone McGrath – Exceptional knowledge of international children matters, particularly 1980 Hague Convention cases. Fights hard for her clients.
Andrew secured me the best financial settlement for my claim. He is a credit to Osbornes Solicitors.
"It has a strong and experienced team of solicitors who don’t take bad points, work sensibly to get a settlement and who you can always pick up the phone and speak to. They are good lawyers and know the strengths and weaknesses of their clients’ cases. They don’t posture and always pursue their clients cases appropriately. "
"Mark Freedman is a very capable lawyer, renowned for not being a pushover and pushing his clients’ cases as much as he can, but will always talk sensibly about settlement. He is among the best – tenacious, good judgment and tactically aware."
"Mark Freedman is a dynamic and highly experienced family lawyer who fights extremely hard for his clients and is always in their corner, thus ensuring their loyalty and confidence. In a trial you would always want him on your side."
"Bridget Thompson combines her excellent legal knowledge with a clear, succinct and robust style of advice and advocacy. Her approach clearly inspires a high degree of client confidence in her"
"She has impressed me as someone who fights my corner but also understands the importance of resolving issues without unnecessary escalation. She is calm and reassuring."
"Her mediation practice is exceptional; she is also a great solicitor and has a breadth of skill which is really useful."
"He is really experienced and wise. He has a lovely manner about him and clients feel safe with him."
"She is excellent. She's very reliable, talks about her cases passionately and is very committed to her clients."
"I consider the firm to be very experienced in child care cases and to provide a very professional and high standard of work"
"Jo Wescott is top notch and widely recognised as a rising star throughout the profession. She brings a winning combination of great judgement, an immense work ethic, and a relaxed and charming way with opponents and clients alike. Someone you want on your side”
"Osbornes is pre-eminent for family law in North London. Mark Freedman is a real rainmaker. He is an excellent lawyer and has a top-notch practice"
Mark Freedman is intelligent and personable and has a good selection of high-net work cases.
"Exceptional value for money. Highly competent and reasonably priced. Mark Freedman: one of the best in the field."
"Client-focused. Ready to fight the clients’ corner, but also ready where possible to steer client from unnecessary dispute. Mark Freedman – very experienced, with good instinct for the eventual result. Clients love him and he thinks ahead and directs the client to the best result for the client."
Mark Freedman is a serious player. A fearless family law litigator, who protects his clients’ interests passionately.
Breadth of knowledge and willingness to go the extra mile is what makes it stand out. Mark Freedman – devoted to his clients
Mark Freedman frequently takes on high-value financial and children proceedings that involve complex tax, trust and accounting issues. Sources praise the "tenacity and common sense" he brings to challenging disputes.
"Mark is very experienced, competent, good with clients and takes a sensible approach to cases. He knows exactly what he's doing."
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."
"An exceptional outfit. They take on difficult cases, fight hard and win."
"They are an outstanding firm to work with. They are consistently impressive in their work."
"The team frequently deals with cross-border estates for high–net-worth individuals."
"Mark Freedman is a real heavyweight litigator who has dealt with some very significant cases."
"Mark Freedman boxes clever, keeps his powder dry and when it comes to the end game he negotiates a really good deal."
"Mark Freedman has a specific focus on high-net-worth divorces and finance cases where there are overseas assets and trusts."
"Lisa Pepper somehow manages to get parties to settle on matters where there isn’t much hope to start out with."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"Mark Freedman draws acclaim for his work in high net worth divorce cases, including those involving company structures, family trusts and overseas assets."
"He never gives up. He fights for you to the end and has boundless energy."
"Simone is absolutely on top of the game. She has great attention to detail, and has her clients' needs at heart."
"Bridget is client-focused, a pleasure to work with and incredibly supportive to her clients."
"Recognised for its expertise in both domestic and international adoption, as well as assisted conception."
"Naomi Angell is a leading figure in domestic and inter-country adoptions, and also has expert knowledge of related fertility and surrogacy issues."
Bridget Thompson heads the family team, where client care is the top priority.
Mark Freedman advises high-net-worth clients and knows his stuff.
Highly regarded for his experience as a litigation and mediation expertise, Mark Freedman is tenacious and determined. Clients really feel that he is fighting their corner.
Simone McGrath is a highly knowledgeable practitioner with a focus on international child abduction matters. She has a large expertise in public and private law.
[The Family Law department] handles significant matrimonial finance cases and complex nuptial agreements. Respected for its expertise in cross-border children law matters.
They have a really good, strong team, with the junior elements punching well above their weight. It doesn't matter who you talk to; they are all switched on."
Simone McGrath handles international child abduction cases and challenging care proceedings relating to non-accidental injuries.
"Mark Freedman receives a lot of instructions from clients based abroad, often relating to complex divorce proceedings. Sources say: “His main strengths are his enthusiastic passion for the job in hand and his total dedication to his clients.”
This team is perhaps best known for its children work, often involving complex international dynamics.
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
News and Insights from The Family Law TeamVIEW ALL
17.4.2025The Risks of International Surrogacy: A Cautionary Message
The risks of international surrogacy and the importance of getting legal advice At Osbornes Law, the family solicitors are specialists...
Read more
31.8.2022What if my partner predeceases me before we...
A review of a recent case concerning consent during fertility treatment. When going through fertility treatment as a couple, it...
Read more
31.8.2022Declaration of parentage after mistake at register office
Recently in the news has been the outcome of the case of Osborne & Anor v Cambridgeshire County Council [2022] EWHC 1982 (...
Read more- 5.7.2022
Proposed Changes to Gamete Donor Anonymity Laws in...
The Human Fertilisation and Embryology Authority (HFEA) has proposed changes to the law surrounding gamete donor anonymity in the UK....
Read more - 21.9.2021
Changes in Fertility Law Benefit Families
Following campaigning by those working in the fertility sector and public consultation in 2020, the Government announced on 6th September 2021 that...
Read more - 25.3.2019
Unlicensed fertility treatment and paternity – new clarification in...
The issue in contention was whether it could be ruled that Mr H, the now ex-husband of the child in...
Read more
Accreditations
Most Visited Family Law Pages
Our Family Lawyers View the whole team
Claire Andrews
Partner
Family LawMark Freedman
Partner
Family LawJonathan Jonas
Partner
Family LawMaria Kitsiou
Partner
Family LawLisa Pepper
Partner
Family LawYael Selig
Partner
Family LawAndrew Watson
Partner
Family LawJoanne Wescott
Managing Partner
Family LawNaomi Angell
Consultant
Family LawDiana Bastow
Senior Associate
Family LawView the
whole team
