Louisa Ghevaert Joins Vardags

August 9th, 2018

I am delighted to join Vardags, the UK’s leading high net worth family law firm, to launch a specialist Fertility, Surrogacy, Donor Conception and Modern Families Law Practice.

The growth of modern family building arrangements and modern family structures, increasing reliance upon ‘on-demand’ fertility sector services and rapidly evolving law and policy present many challenges for prospective parents, fertility patients, donors, surrogates and families. The internet and apps are changing the character and nature of family building and family life, offering more speed and choice than ever before. This digital revolution, together with the global reach of the fertility sector, is now a reality.

The ever growing range and accessibility of fertility treatment and family building options create complex medical, practical, emotional and legal issues. Whilst law continues to evolve, it continues to be outstripped by the needs and expectations of patients, parents and families. Modern families and those formed through fertility treatment, donor conception and surrogacy create complex legal issues. This can lead to unintended outcomes which leave parents without legal status for their child.  It can also confer unwanted legal status and responsibilities on others and create legal uncertainty.

It is therefore more important than ever before for modern families and those created through assisted conception to put in place firm legal foundations. Specialist fertility, surrogacy, donor conception and family law advice can provide a workable legal and practical framework.  It can also help navigate unexpected changes in individuals’ personal and family lives.  It is an integral part of the family building process and family life and not an ‘add-on’.

I provide strategic legal advice on international and UK surrogacy, donor conception, fertility treatment law, complex children and family law disputes, financial provision for children and  creation and protection of modern families. For more information and assistance I can be contacted at lghevaert@vardags.com or by telephone +44(0)207 4049390.

Surrogacy, relationship breakdown and modern families

July 5th, 2018

AB v CD, EF, GH & IJ [2018] EWHC 1590 (Fam) is a first-of-its-kind case, in which I acted for the intended mother of  twins born in India in 2010. The Court had to grapple with legal status and identity of  parents and children when families created through surrogacy encounter serious domestic violence, relationship breakdown, divorce and restructure by remarriage in the absence of parental orders.

AB  v CD, EF, GH & IJ [2018] highlights how the needs of modern families founded through assisted conception and surrogacy outstrip existing law in the UK. Ultimately in this case, the Court was unable to fully resolve the legal status of the twins, their biological parents, the Indian surrogate and her husband or the children’s stepfather.

Instead, the Court had to make practical arrangements to secure the day-to-day upbringing of the children in the care of their biological mother and their stepfather; arrangements shaped by the special needs of one of the children and serious findings of domestic violence against their biological father.  The Court made the children wards of court and made child arrangements orders in favour of the biological mother and stepfather.  It also made no order for contact between the children and their biological father, dismissed his application for parental responsibility and restricted the exercise of parental responsibility by the surrogate and her husband.

In doing so, the Court recognized that those arrangements ‘fall very short of the transformative effect of a parental order’.

You can read more about the case here - http://www.familylawweek.co.uk/site.aspx?i=ed190618.

If you would like specialist legal advice and assistance I can be contacted by email lghevaert@vardags.com or by telephone +44 (0)207404 9390.

Louisa Ghevaert features in The Lawyer Hot 100 2018 Career Quiz

February 28th, 2018

I’m delighted to feature in The Lawyer Hot 100 Career Quiz 2018 for my cutting-edge fertility and family law practice. To read the full interview click here.

The Lawyer Hot 100 “celebrates the UK’s top lawyers: the ones acting on the most significant matters, disrupting the industry with their creative flair. It tracks exceptional individuals from private practice, in-house and the Bar”.

Now in its 17th year, The Laywer Hot 100 continues to showcase legal innovation, expertise and achievements in the field of law. Fertility and family law is rapidly evolving in the UK. It creates complex legal and wider issues and is often out-paced by the needs and expectations of people building modern families using assisted conception. People’s personal and family lives are incredibly varied and this area of work requires not only  extensive knowledge of the law but also understanding of individuals’ and their many motivations, pressures and experiences.

To read more about The Lawyer Hot 100 read my previous blog piece.

 

 

 

 

 

Louisa Ghevaert Honoured in The Lawyer Hot 100 List 2018

January 30th, 2018

I am delighted to be included in The Lawyer’s Hot 100 List 2018 for my groundbreaking work in the field of fertility and family law.

The Lawyer states its Hot 100 2018 List ‘is not simply about who has done the most or the biggest deals…. It recognises management figures leading their firm with vision, team leaders who have sparked incredible growth … litigators on groundbreaking cases”. Individuals included in The Lawyer Hot 100 List ‘must have star quality’. Each year, The Lawyer receives many hundreds of nominations and it ‘gathers together the best lawyers in the UK – the most daring, innovative and creative’.

It is a privilege to receive this accolade and feature in The Lawyer’s Hot 100 List 2018 in recognition of my work in the legal and medical sectors. This includes my role in delivering groundbreaking expert evidence in complex medical negligence proceedings in the High Court in the case of XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB).  This first of its kind judgment secured the first ever UK damages award for surrogacy and represents the cross-section of medical negligence and fertility law and practice in the UK.

My specialist practice transcends both the legal and medical sectors. I am a specialist contributor on surrogacy law in leading legal reference book The International Family Law Practice (Fifth Edition, December 2016-17). I am also co-author of medical reference book Reducing Risk in Fertility Treatment (First Edition, April 2015).

I remain committed to contributing to the future landscape of the law and legal services in the UK. This includes raising awareness and understanding of complex fertility, parenting and family law issues which underpin assisted conception and fertility treatment, modern families and complex medical negligence cases with a gynaecological and fertility dimension.

The Lawyer’s Hot 100 List lists specific practice areas, which identify the most outstanding lawyers in their fields. To read more click here.

 

 

Trends in Fertility and Family Law

January 19th, 2018

There have been a number of significant developments in UK fertility law, policy and practice in recent months and its association with family law.

On 15 December 2016 the HFEA approved the use of a new and innovative medical technique, which is known as mitochondrial donation. This could help around 15% of people affected by genetic diseases. UK fertility clinics can now apply to the HFEA for permission to use this technique in fertility treatment.

In February 2017, research from Harvard University found that women who work more than 40 hours a week may take 20 percent longer to get pregnant compared with women who work 21 – 40 hours a week. Their research found that lifting heavy loads several times a day may delay pregnancy by as much as 50 percent. It reported that physical strain lifting, 8 hours a day on your feet, working nightshifts and long hours at work may impair women’s pregnancy prospects. This prompted headlines that “female bankers are the least likely to conceive through IVF” and “women who work a lot may struggle to get pregnant”.

The spotlight then fell on UK fertility clinic practices. We read about “cash for eggs”, egg freezing, expensive “add-on” treatments and misleading sales pitches to fertility patients. Consequently, in May 2017 the HFEA investigated alleged breaches of its code of practice and announced it had taken enforcement action in September 2017.

Over the last year, women have been reminded not to be overly optimistic about getting pregnant in their late 30s and 40s. Companies like Apple and Facebook have started to offer fertility benefits including egg freezing to female employees. This has driven increased interest in egg freezing across the UK.

In May 2017, the HFEA issued a statement about egg freezing. It warned clinics to give accurate predictions about the chances of success, highlighting that data is limited and that available national data showed that the pregnancy rate is around 22% for women of all age groups.

A new style app, ‘Just A Baby’ launched in the UK in May 2017 bringing together prospective parents, co-parents, egg and sperm donors and surrogates. With potential candidates in your local area now just a swipe-away, it brings a new dimension to having a baby. Modern families and those formed through assisted conception represent more legally complex and difficult cases to manage and resolve. Deciding to start a family is a big step financially, practically, legally and emotionally. This makes it more important than ever before for modern families to have a strong legal foundation.

In September 2017 in a legal first, the English High Court awarded damages of £74,000 to a woman for surrogacy following a delay in detecting cancer in smear tests and biopsies. I gave expert evidence on fertility and family law issues in this case and it was a first-of-its kind award following complex court proceedings. It marked the meeting of medical negligence and fertility law in the UK and sparked debate about a new ‘fertility’ head of claim.

In December 2017, The Law Commission of England and Wales published its report on a 13th Programme of Law Reform. It announced it intends to review surrogacy law over the next 2-3 years to reach recommendations and potential draft legislation, taking the view surrogacy law is outdated, unclear and requires comprehensive reform.

In December 2017, the government also published a paper and draft remedial order to enable single people to apply for a parental order subject to meeting prescribed legal criteria. It is hoped this will pass into new law later this year.

Fertility law, policy and practice continues to evolve and this makes it important to understand and proactively manage the complex legal issues on a case by case basis. If you would like to learn more or discuss your situation, I can be contacted by email lghevaert@vardags.com or by telephone +44 (0)207 4049390.

Fertility and Family Law in Action

January 21st, 2016

The last 12 months has been a busy year on the fertility law front. Fertility law and practice and its association with family law has continued to evolve, both nationally and internationally.

We’ve seen evolution of policy and practice around the importance of giving informed consent to fertility treatment at UK fertility clinics licensed by the Human Fertilisation and Embryology Authority (HFEA). Informed consent to fertility treatment is one of the most important principles of healthcare.  It is designed to protect fertility patients, children and others involved in fertility treatment and more needs to be done to improve understanding of the legal issues and implications of assisted conception and management of this in practice.  In September 2015, the English High Court highlighted the very real difficulties that arise when informed consent to fertility treatment falls short, which left eight couples embroiled in legal parenthood proceedings following fertility treatment and the birth of their children and highlighted a further 75 similar cases.

We’ve also seen continued debate about surrogacy law and practice. My work as a member of the Surrogacy UK Working Group on Surrogacy Law Reform and the publication of its report Myth Busting and Reform in November 2015 sheds valuable light on the current practice of surrogacy in the UK and sets out recommendations for reform.

UK industry recognition for fertility and family law is to be welcomed. I was delighted to be awarded recognition by Chambers & Partners UK 2016. This helps raise awareness and promote the importance of fertility law in the UK.  Assisted conception can raise many complex legal and practical issues in the context of increasingly challenging family building expectations and demands of modern day living.  Assisted conception can be daunting and fertility law is not always ‘a good fit’ in practice. The provision of skilled fertility law advice helps place children born through assisted conception and their families on a secure legal footing and provides valuable support and protection if problems arise.

Fertility, parenting and family law issues have continued to feature in the media. Over the last 12 months I have contributed to public debate and provided legal commentary on BBC World Service radio and BBC Radio London, as well as in the Independent, the Guardian, the Times and legal and fertility sector press. I have also lectured on fertility, parenting and family law issues in the UK and delivered a lecture overseas in Chicago, USA, at the American Academy of Assisted Reproductive Technology Attorneys Fall Conference 2015.

I can be contacted by email lghevaert@vardags.com or by telephone +44 (0)207 4049390.

 

 

 

BBC Radio London Interview: Solo Father Through Surrogacy Awarded Adoption Order

March 9th, 2015

I was delighted to be interviewed on BBC London 94.9 ‘Have Your Say’ programme with Vanessa Feltz this morning following the English High Court’s landmark decision to grant a solo father through surrogacy an adoption order. The English High Court described the case as ‘highly unusual’ and the law as a ‘legal minefield’.

The single man became a solo father through surrogacy after his mother carried a surrogate pregnancy for him.  He conceived the baby (with his own sperm and a donor egg), now 8 months old, with the full support of his mother and father and following fertility treatment at a UK licensed fertility clinic. The solo father’s mother stepped in and carried the baby when he was unable to proceed with another female relative due to medical complications.

Under UK fertility law, the solo father’s mother and her husband were the baby’s legal parents at birth and were named as such on his initial British birth certificate.  This meant that the baby and his intended solo father were treated as having the same legal parents and regarded as legal brothers. It was not illegal under UK law for the solo father to enter into a surrogacy arrangement and conceive a child through surrogacy.  However, he was not eligible for a parental order (the legal solution for surrogacy in the UK which reassigns legal parenthood to intended parents) due to public policy restrictions which prevent single people from accessing the parental order regime.  Only couples are eligible to apply for a parental order. As a result, the solo father applied to the English Court for an adoption order to be legally recognised as his baby’s legal father.

In the first legal case of its kind, the English High Court ruled that it was in the baby’s best interests for an adoption order to be awarded in his solo father’s favour.  The case was supported by social services and followed careful consideration of child welfare issues, counselling and ethics assessment and approval at the UK licensed fertility clinic where treatment took place.  The case involved complex legal issues and required very careful navigation because of a range of complex legal restrictions and offences set out in our domestic adoption and children law. The English Court ruled that it would not break the law to award the solo father an adoption order because he and his baby were ‘relatives’ in law.

In the fact specific circumstances of this case, the solo father successfully obtained an adoption order in respect of his baby.  However,  this case highlights the very real legal difficulties faced by single people who are ineligible to apply for a parental order, particularly those who do not have a relative willing to carry a surrogate pregnancy for them. English law also remains a minefield for those undertaking surrogacy abroad.

With increasing numbers of people turning to surrogacy as a family building option of choice, there has never been a greater need to get to grips with the relevant issues and improve awareness.  Surrogacy can raise a whole host of tricky issues associated with developments in assisted reproductive technology, donor conception and inter-generational family building.  Surrogacy becomes even more complicated when people’s family building plans do not fit neatly into the confines of UK fertility law. Family life in the UK and family building expectations are evolving rapidly. There are inherent tensions and conflicts between the positions of intended parents, surrogates, donors and surrogate born children which create a complex legal picture.  Assisted reproduction is here to stay, but there is still much to be done to improve understanding and protect and support adults, children and families alike.

To listen to the whole interview click here.

To find out more about surrogacy law in the UK contact me by email lghevaert@vardags.com or call +44 (0)207 4049390.

BBC World Service Interview: Banning Commercial Surrogacy in Thailand

February 24th, 2015

I was delighted to join the debate on BBC World Service Have Your Say on Friday 20 February 2015 following the ban of commercial surrogacy in Thailand.

The programme offered varied views and experiences about commercial and altruistic surrogacy.  Gwen Robinson, Asia Editor for Nikkei Asian Review, explained background events in Thailand which led to the Thai government’s decision to ban commercial surrogacy in Thailand last week.  the programme also featured a US surrogate mother, Minette Briant, Dr Margaret Somerville, Professor and Founding Director at Centre for Medicine, Ethics and Law, Montreal, Hans Hirsh, a parent through overseas surrogacy, Natalie Smith, a parent through UK surrogacy, Dr Nayna Patel and a UK surrogate mother, Sarah Jones.

To listen to the whole interview click here.

The issues raised by surrogacy will be further debated at the Families Through Surrogacy Conference in London on 21 March 2015, where I will be a keynote speaker. For more information click here.

Louisa Ghevaert recognised as leading expert in UK fertility and parenting law

November 3rd, 2014

I’m delighted to be ranked by Chambers and Partners UK Guide 2015 as a leading legal expert in surrogacy, fertility and parenting law.

Chambers & Partners identifies and ranks the most outstanding law firms and lawyers in the UK and in over 180 jurisdictions throughout the world. Their Guides are trusted by clients across the globe when they need to find a reliable and capable legal expert. Chambers UK Guide covers 50 cities and counties in England, Wales, Scotland and Northern Ireland and its rankings are the result of in-depth discussions and interviews with both lawyers and clients.

Chambers and Partners UK 2015: says about Louisa Ghevaert

“Louisa Ghevaert is a recognised expert in surrogacy, fertility and parenting law matters.  She has experience in dealing with complex parenting matters, particularly those with an international element”.

This follows on from my ranking in Chambers and Partners UK 2014 edition which said “sources describe her as an expert in a very difficult and specialised area of the law – she knows her subject extremely well and gives knowledgeable and sensible advice”.

If you would like more information about fertility, parenting or family law please contact me by email lghevaert@vardags.com or by telephone +44 (0)207 4049390.


International Surrogacy Law: Time Limit for parental order

October 3rd, 2014

The English High Court has today published a significant legal ruling on the 6 month time limit for issuing a parental order in the English Family Court set out in s54 Human Fertilisation and Embryology Act 2008.

The President of the Family Division, Sir James Munby, has  ruled for the first time in Re X (A Child) (Surrogacy: Time limit) [2014] EWHC 3135 (Fam) that the six month time limit can in some circumstances be extended.  Sir James Munby went on to grant a parental order in respect of the child born through surrogacy in India on 15 December 2011 stating:

“Where in the light of all this does the six-month period specified in section 54(3) stand?  Can Parliament really have intended that the gate should be barred forever if the application for a parental order is lodged even one day late?  I cannot think so.  Parliament has not explained its thinking, but given the transcendental importance of a parental order, with its consequences stretching many, many decades into the future, can it sensibly be thought that Parliament intended that the difference between six months and six months and one day be determinative and one day’s delay to be fatal?  I assume that Parliament intended a sensible result.  Given the subject matter, given the consequences for the commissioning parents, never mind those for the child, to construe section 54(3) as barring forever an application made just one day late is not, in my judgment, sensible.  It is the very antithesis of sensible; it is almost nonsensical”.

That said,  Sir James Munby was careful to make clear that each case will be fact specific and he went on to state:

“I intend to lay down no principle beyond that which appears from the authorities.  Every case will, to a greater or lesser degree, be fact specific.  In the circumstances of this case the application should be allowed to proceed.  No one – not the surrogate parents, not the commissioning parents, not the child – will suffer any prejudice if the application is allowed to proceed. On the other hand, the commissioning parents and the child stand to suffer immense and irremediable prejudice if the application is halted in its tracks”.

If you would like to discuss your situation or you would like more information about UK surrogacy law please contact me by email lghevaert@vardags.com or call +44 (0)207 4049390.