Fertility Law & Parenthood Following Assisted Reproduction
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.
Speak to a Fertility Lawyer Today
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
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.
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."
Simone McGrath – Exceptional knowledge of international children matters, particularly 1980 Hague Convention cases. Fights hard for her clients.
"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 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"
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."
"Well-regarded family practice assisting clients with substantial matrimonial disputes and sensitive children proceedings."
"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.
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.
Simone McGrath handles international child abduction cases and challenging care proceedings relating to non-accidental injuries.
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
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