Archive for January, 2016

Fertility and Family Law in Action

Thursday, 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 and delighted the Michelmores’ Family and Fertility Team was awarded a top tier position by Legal 500 UK 2015. 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.

November 2015 saw the launch of the specialist fertility and parenting website at Michelmores www.michelmores.com/what-we-do/services/fertility-law. This contains more information about my legal practice and a wealth of topical and cutting-edge information about fertility, parenting and family law including: fertility treatment, surrogacy, donor conception, co-parenting, embryos, eggs and sperm, adoption, family law and disputes and children and parenting.  It contains articles, publications, a blog and a resource hub to help raise awareness of fertility and family law issues in the UK and what this can mean for those seeking to build or complete their family or parent children on a day-to-day basis.

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. You can find out more about my work here www.michelmores.com/what-we-do/services/fertility-law/publications.

I can be contacted by email Louisa.ghevaert@michelmores.com or by telephone +44 (0)207 7886382.