IVF Disputes

Fertility treatment represents hope for thousands of couples and individuals seeking to build their families. But it can be complicated, and not risk free. Each technique involves medical decisions that require clear communication and properly informed consent, and going through fertility treatment can expose unforeseen emotional issues which can become flashpoints if they are not handled with care.

Working with a specialist fertility lawyer can ensure everything runs smoothly from the start. But if problems do arise, it is vital to get expert legal advice to protect your legal and personal interests.

What are IVF and assisted reproduction disputes?

Assisted reproduction disputes can arise from all sorts of situations, but they tend to fall into two main categories:

Negligence by the fertility clinic

Fertility treatments have come a long way in recent years but there are no guaranteed results. You will want to place your trust in a clinic that puts your health first and takes proper care of the embryos you entrust to them. If a clinic fails in its duty of care, they may be liable for negligence, and you may have grounds to pursue legal action for any harm or loss suffered as a result.

This might apply if:

• Consent forms are missing or mishandled.
• Clinics do not follow the agreed terms for use, storage or destruction of embryos.
• Donor sperm is not screened properly.
• Faulty equipment leads to the loss or damage of eggs, sperm or embryos.
• An embryo is implanted into the wrong patient.
• Eggs and sperm are mixed up so the baby is not the natural child of both parents.
• The clinic uses non-viable embryos for implantation, or fails to inform patients of issues affecting viability.
• You experience refusals or delays in providing treatment.
• Staff fail to diagnose or respond to fertility and pregnancy complications such as ovarian hyperstimulation syndrome, ectopic pregnancies or oligohydramnios (low amniotic fluid).

Disputes like these can be legally complex, involving novel points of law. They might fall under the laws of medical negligence, for which you may be able to seek compensation. More often, the clinic’s mistakes may require court action to establish legal parentage, especially if there are anomalies in the records regarding consent or the identity of those involved in the fertility treatment.

If you had or are having a poor experience with your fertility clinic, please get in touch. Our experts will listen to your story and let you know what the solutions might be, and if you have a claim.

Disputes with a spouse, partner, donor or surrogate

Everyone begins their fertility journey with the best intentions, but it’s easy for disagreements to arise over intra-family donation, embryo storage, parental rights, financial commitments, or the future of the child. It’s sadly common for one partner to change their mind over the use of embryos, for example. This can be devastating.

Disputes in this area can have lifelong consequences for families, affecting everything from birth registration to parental responsibility to inheritance rights. Resolving these disputes requires expertise in fertility law and more mainstream family law.

As a top family law firm with specific fertility expertise, Osbornes can help steer you through any legal issues arising during assisted reproduction. Some of the common areas of dispute we see include:

• Disagreements over the future use of embryos, eggs or sperm, especially after a relationship breakdown.
• Differing views about who should be a legal parent or be named on the birth certificate.
• Disputes about the care and upbringing of a child conceived through assisted reproduction.
• Issues with consent, such as one party withdrawing or not granting consent for use or storage of embryos.
• Disputes with donors, especially in inter-family arrangements when trust or communication break down.
• Disagreements about whether to proceed with further fertility treatments or discontinue treatment altogether.
• Emotional or ethical conflicts regarding posthumous conception.

This is not a complete list. Whatever challenges you are experiencing, please get in touch and we can help you work through them.

How do I resolve an assisted reproduction dispute?

There is no catch-all solution for resolving a fertility dispute. The law is clearer than it was just a few years ago, but it isn’t always a good fit for today’s diverse parenting arrangements. Managing the dispute often involves a variety of measures, tailored to your situation.

While we normally say that court proceedings are a last resort, there are times when they become necessary—particularly if the dispute involves sensitive issues such as legal parentage, the use of stored embryos, or the child’s relationship with a person who is not the legal parent. Regulators (like the Human Fertilisation and Embryology Authority in the UK) often play a crucial role in matters involving clinics, consent or regulatory breaches.

The first step is to contact us for a confidential chat. After hearing the details of your circumstances, our expert lawyers will be able to provide you with further information and options available to you. We will also give you an indication of the process, what will be required of you and the possible time frames involved.

Our Leading Cases

Osbornes Law represented one of the Applicants in A & Ors (Human Fertilisation And Embryology Act 2008) [2015] EWHC 2602 (Fam) (11 September 2015), a leading fertility law case.

In this case, couples had undergone fertility treatment using donor sperm at clinics licensed by the Human Fertilisation and Embryology Authority (HFEA). After an audit, it was discovered that some of the clinics’ records had mistakes or were incomplete. Patients received letters saying that the partner who was registered as a parent of their child might not actually be recognised as the legal parent. The patients were told that to fix this, their partner would have to legally adopt the child.

We advised our clients to apply for a declaration of parentage rather than adoption, which was granted by the Court. 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 important case Re M [2013] EWHC 1910 (Fam). In this case, a man donated sperm through natural insemination instead of using a clinic. The court decided he was the legal father.

The case showed that if the rules for making someone a legal parent under the Human Fertilisation and Embryology Act 2008 aren’t followed, and the child is conceived outside a licensed clinic using informal methods, the sperm donor will be recognised as the child’s legal parent. The court also defined what kind of consent the husband / civil partner has to give for the law to recognise them as having legal rights and responsibilities for the child.

Is Osbornes right for you?

Our team is headed by Naomi Angell, a recognised fertility law expert. If you are considering IVF or other types of fertility treatment, contact Naomi for a confidential chat. She will explain how we work and what your next steps are, and you can decide if we’re a good fit.

Naomi has represented clients in landmark fertility cases that have shaped English law. Her expertise covers the full spectrum of fertility disputes, from consent issues to complex international arrangements. She works alongside our broader family law team, which includes specialists in child arrangements, financial remedies and international family law.

Our specialist team can support intended birth parents, co-parents or donors with:

• Advice on how the law applies and what legal rights you will acquire on the birth of a baby
• Applications for legal parenthood
• Issues arising from mistakes in the records regarding parentage
• Child arrangement orders for securing proper arrangements for children
• Surrogacy arrangements for alternative family building
• Adoption services
• Family mediation for collaborative resolution of sensitive disputes
• Advice if you have a medical negligence claim

Speak to an expert

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811