In our modern society, there are a number of different routes to parenthood, offering accessibility to those with medical issues, single people and those in the LGBTQ+ community.
We share the view of Sir James Munby, former President of the Family Division of England and Wales:
What, after all, to any child, to any parent, never mind to future generations and indeed to society at large, can be more important, emotionally, psychologically, socially and legally, than the answer to the question: Who is my parent? Is this my child?
At TV Edwards, our specialist fertility law solicitors are here to support you every step of the way. We work alongside intended parents, surrogates, donors, and LGBTQ+ families, providing clear, sensitive, and expert legal guidance so you can focus on building a family.
We can advise at the initial planning stage to help an intended parent choose the best route for their proposed family.
We have experience in applications for declarations of parentage where a question has arisen post-birth. These declarations have included cases where donation has taken place within a licensed clinic and on an informal basis.
Our solicitors have represented parties in landmark cases creating legal precedents before the former President of the Family Division of England and Wales, at High Court level and in the Court of Appeal. Our solicitors really are at the forefront of this developing field.
What is Surrogacy Law?
We provide advice to intended parents and surrogates prior to conception, although legally, we are unable to assist with the negotiation of a surrogacy agreement.
Once any child is born, the intended parents will need to obtain a parental order to secure their legal status. If they do not obtain this order, then the surrogate, and possibly her spouse, will be the child’s legal parent.
Intended parents may consider surrogacy either in the UK or abroad.
A parental order is necessary even if the pregnancy was achieved using an embryo created with the egg and sperm from the intended parents, and/or the child was born abroad, and their status was recognised in that country.
There are strict eligibility requirements to obtain a parental order. It is important to obtain legal advice pre-conception to ensure that the requirements for an order will be met.
Our surrogacy law solicitors represent parents in their applications for parental orders and have done so many times, always with success.
The nationality of the intended parents may not automatically be transferred to any child born through surrogacy. There can be substantial delays in obtaining a British passport to enable a child to travel to the UK.
We have good connections with expert immigration solicitors and work collaboratively with them to resolve any potential issues for clients considering or using overseas surrogacy.
Each situation is unique, and we’re here to listen and offer legal solutions that work for you. To speak to us about your situation, use our contact form.
What is Fertility Law
We advise patients where issues have arisen during or following fertility treatment. This includes:
- Consent to the continued storage of embryos;
- A clinic’s refusal to treat a patient citing the welfare of the child grounds;
- The use of embryos post-separation.
Donor conception and known donors
HFEA-licensed clinics must provide patients with information about who will be a child’s legal parent. They must ensure that the correct consent has been obtained prior to treatment.
Unfortunately, there have been cases where the correct consent has not been kept on a patient’s medical file.
Our solicitors have obtained declarations of parentage to secure the child’s legal status as was originally intended by the parents. The clinics have paid the legal costs of such applications.
We advise patients where there is some ambiguity about their proposals. For example, whether the male patient may donate an embryo to the female patient post-separation.
There are obviously similar but different considerations for intended parents considering treatment abroad. We are well-placed to advise in advance of treatment so that all intended parents are making informed decisions, resulting in peace of mind.
Known donors
The law in relation to known donors can be complicated. If the donation takes place in an informal environment, the legal status of the donor will depend upon the status of any spouse or civil partner that the mother may have.
A known donor who is treated as a child’s parent could be financially responsible for the child, and any agreement that says otherwise is not legally binding. Therefore, donors need to understand their own legal position before agreeing to be involved.
Even if a known donor is not the legal parent of a child, the donor may seek a relationship with that child, and a court may support such a relationship. In such circumstances, the continued use of the term donor may be inappropriate.
What to Expect From Our Fertility Law Solicitors
We understand that legal guidance is deeply personal, especially in the area of fertility. That’s why we take the time to listen to our clients’ stories and provide advice that is legally sound and emotionally supportive. Our team can assist you from the earliest planning stages through to the final court applications. We frequently advise:
- Intended parents seeking reassurance and clarity around their legal status, especially if they are in non-traditional families.
- Donors and surrogates who are seeking clarity on their rights and responsibilities.
- Couples navigating fertility treatment and looking to secure legal recognition for both partners.
- LGBTQ+ parents who want to secure legal protections for their family going forward.
We also act in complex and high-profile cases, which include applications for declarations of parentage where consent documents were either unclear or missing. Our lawyers are members of Resolution and follow its Code of Practice, which means we work in a non-confrontational, family-focused way.
Why Choose TV Edwards?
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Fertility Law Frequently Asked Questions
What does a fertility law solicitor do?
A fertility law solicitor provides legal advice and guidance to individuals and families navigating assisted reproduction, donor conception, and surrogacy. . Our role in this is to help you understand your legal position, protect your rights, and make sure that the path to parenthood is as smooth and secure as it can be.
Get in touch today to get more information on what our solicitors can do for you.
What are the legal steps for surrogacy in the UK?
In the UK, surrogacy agreements are not binding under the law, even if all parties agree to them. After the birth, intended parents must apply for a parental order to become the child’s legal parents. This legal step transfers parental rights from the surrogate (and possibly her spouse or civil partner) to the intended parents.
This process includes several criteria, such as the child being born through surrogacy, at least one intended parent having a genetic connection to the child, and the application being made within six months of birth. We’ll guide you through every phase of the process, helping you prepare the application thoroughly.
Can international surrogacy arrangements be recognised in the UK?
Yes, but the process can be more complex. Even if your parental status is recognised abroad, you will still need a UK parental order to become your child’s legal parent under UK law. Immigration issues may also need consideration, especially when it comes to travel documents and citizenship.
We regularly help clients in international surrogacy cases and work closely with immigration experts when needed to ensure our clients can return to the UK as seamlessly as possible.
What legal rights do sperm and egg donors have?
In most cases, sperm and egg donors do not have any legal parental rights or responsibilities, especially if treatment takes place at a licensed clinic under Human Fertilisation and Embryology Authority (HFEA) regulations.
However, where conception occurs outside a licensed clinic (for example, with a known donor in an informal setting) the legal situation becomes complex. Donors may acquire legal parenthood or be able to seek a relationship with the child. If you are considering using or becoming a known donor, it’s essential to get legal advice to protect everyone involved.
Is surrogacy legal in the UK?
Yes, altruistic surrogacy is legal in the UK. However, commercial surrogacy, where the surrogate is paid more than reasonable expenses, is prohibited. The key legal requirement is that intended parents must apply for a parental order after the child is born to become their legal parents.
At TV Edwards, we offer pre-conception advice to help you create a legally sound surrogacy plan, while helping you with the parental order application to secure the legal status of your child.
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These fantastic results reaffirm TV Edwards’ position as a leading and trusted legal adviser across the UK.
Check out our frequently asked questions about Modern Parenting.
The report published by the “WHO” found that 17.5% or one in six worldwide of the adult population experience infertility.
