Fertility Law Solicitors

Our fertility law solicitors advise intended parents and donors about the legal implications of the routes they are considering or have chosen to start a family.

How Our Fertility Law Solicitors Can Support Your Family?

In our modern society, there are a number of different routes to parenthood.

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?

Our fertility law solicitors advise intended parents and donors about the legal implications of the routes they are considering or have chosen to start a family.

We can advise at the initial planning stage to help intended parents 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 legal cases including those before the late Sir James Munby who was at the time was President of the Family Division of England and Wales, in the High Court and the Court of Appeal. Judges have described our cases as unprecedented and described our client as being referred to specialist lawyers. Our cases have been subsequently been referred to in judgments in all tiers of courts including the Supreme Court and are included in leading text books. 

As committed members of Resolution, we adhere to the Code of Practice and the Good Practice Guide to Good Practice in Fertility Cases, which means we take a constructive, empathetic, and child-focused approach.

Fertility Law Services We Offer

Surrogacy Law Solicitors

Intended parents may consider surrogacy either in the UK or abroad.

Our surrogacy law solicitors 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 a 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.

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 seek legal advice before 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 a child born through surrogacy. There can be substantial delays in obtaining a British passport to enable a child to travel to the UK.

We work closely with expert immigration solicitors and work collaboratively with them to resolve any potential issues for clients considering or using overseas surrogacy.

We recognise that the law in relation to surrogacy is outdated. Our solicitors responded to the Law Commission’s Consultation on Surrogacy, and we continue to campaign for a change in the law.

Donor Conception Legal Advice

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 in line with the parents’ original intentions. The clinics have paid the legal costs of such applications.

We advise patients where there is some ambiguity about their proposals. For example, one partner may donate an embryo to another following separation.

There are similar but distinct considerations for intended parents considering treatment abroad. We are well-placed to advise clients in advance of treatment so that all intended parents are making informed decisions, resulting in peace of mind.

Known Donors and Legal Rights

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 clearly 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.

Fertility Treatment Legal Issues

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 on welfare of the child grounds;
• The use of embryos following separation

Co-Parenting Agreements and Legal Advice

Co-parenting may involve up to four parties. A biological parent may not be a child’s legal parent. It may be appropriate for the mother’s partner to acquire parental responsibility if they are not the legal parent.

We advise those considering co-parenting on each party’s legal status and obligations towards a child.

This can include drafting co-parenting agreements, which can be prepared in an amicable and collaborative way, helping to preserve positive relationships between the parties for future parenting.

Sometimes, co-parents cannot agree on what is best for their child, and we have extensive experience representing parents, children, and guardians in disputes between parents, including same-sex parents.

This includes disputes in relation to child arrangements and schooling as well as financial responsibility towards a child.

Adoption Solicitors and Legal Advice

We advise and represent those seeking to adopt either on a domestic or an intercountry basis. We have acted for the prospective adoptive parents and for children involved in adoption proceedings

The UK has ratified The Hague Convention on Protection of Children and Co-operation with respect to Intercountry Adoption 1993.

This means that in many cases, provided an adoption order is obtained in the child’s country of origin, it will not be necessary for the applicants to obtain an order in the UK also.

However, where the child’s country of origin has not ratified the Hague Convention, the procedures are more stringent.

Applications for adoption in the UK are still necessary and may be transferred to the High Court. We can advise you on the most appropriate legal approach based on your individual circumstances.

Our adoption solicitors have links with a number of organisations providing support to those pursuing modern parenting.

Our solicitors regularly speak on modern parenting to a number of audiences, including the P3 network, fertility clinics and the BICA annual conference.

Parental Responsibility and Step-Parent Adoption

We assist step-parents in acquiring parental responsibility either through agreement or adoption.

For further information or a confidential discussion about your circumstances, please contact Anest Mathias on 020 3440 8049 or Anest.Mathias@tvedwards.com.

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 or 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? 

Fertility Law Frequently Asked Questions