Posts Tagged ‘donor sperm’

International Surrogacy Law: Time Limit for parental order

Friday, 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 Louisa.ghevaert@michelmores.com or call +44 (0)207 7886382.

NICE issues new IVF and fertility guidance

Tuesday, May 22nd, 2012

The National Institute for Health and Clinical Excellence (NICE) has today issued new draft guidance concerning the provision of fertility treatment and IVF on the NHS.  The new proposals recommend that the age limit for women undergoing IVF treatment on the NHS should be increased from 39 to 42 years.  The proposals also recommend for the first time that same-sex couples should qualify for fertility treatment if they have undergone six cycles of artificial insemination at a private fertility clinic. Furthermore, the proposals recommend that women should be offered fertility treatment on the NHS after two rather than three years of unsuccessful trying for a baby.

NICE guidance on the provision of IVF treatment on the NHS hasn’t been updated since 2004. It is high time this is achieved to reflect better treatment success rates, equality legislation and greater demand for IVF by women aged 35 upwards.  However, NICE guidance is not mandatory and it remains to be seen whether these new proposals will bring about greater recognition of IVF as a legitimate clinical need or greater fairness in terms of access to fertility treatment on the NHS across the country.  In the meantime, fertility patients continue to battle with the reality of the postcode lottery and varying restrictions imposed by PCT’s who continue to flout the guidance.

Infertility affects one in six couples across the UK from all  walks of life.  The IVF postcode lottery causes great distress for people when faced with the reality that they will not be offered the recommended number of free IVF cycles on the NHS or worse none at all. This can lead to relationship breakdown and depression which can blight people’s lives and cause long term misery and hardship. Private fertility treatment can cost thousands of pounds which is too often beyond the reach of couples, particularly in the current economic climate.  With an increasingly ageing population, we need to do all we can to increase the birth rate in the UK to mitigate the increasing economic burden placed upon younger generations of society.

For more information email louisa.ghevaert@michelmores.com.

Surrogacy and donor conception: the question of parenthood

Wednesday, April 18th, 2012

Advances in fertility treatment have outstripped the law and this increasingly challenges traditional concepts of parenthood.  For those who have struggled for years with infertility or never thought they could have a child, they can now conceive using a sperm donor, an egg donor, a surrogate (or a combination of these).  This creates a key question: who is a parent?

Traditionally, parenthood followed biology.  The woman who gave birth to the child was legal mother and her husband was the presumed legal father.  However, it is now a far more complex question in assisted conception cases.  As growing numbers of people embrace fertility treatment, cross borders, engage foreign surrogacy organizations and conceive with donor eggs and sperm the concept of parenthood can seem confusing and unclear. This challenges existing law and policy and has resulted in a a legal jigsaw puzzle that many struggle to make sense of.

Assisted reproduction and modern family structures challenge traditional notions of family.  Increasing numbers of people are creating families through surrogacy, using a known donor who may have ongoing involvement with the family, through co-parenting arrangements or embracing family life as a solo parent.  This raises questions about the legal status and role of the individuals involved and whether parenthood should be based on biology, intent, pregnancy and birth or social parenting.

The structures of modern families are changing and assisted reproductive technology is developing at a fast pace.  The law has not kept pace with these developments and there needs to be greater understanding of the different pieces of the jigsaw that make up family building through assisted conception, sperm and egg donation and surrogacy.  Only then, can we effectively tackle the question of parenthood and put effective law and policy in place.

If you would like to discuss your personal situation in more detail or you would like more information please email me louisa.ghevaert@michelmores.com.

The impact of infertility

Thursday, April 12th, 2012

Infertility fears are increasingly common as more and more people think about their fertility and worry about starting a family. Infertility is a difficult issue and a diagnosis of infertility can affect you deeply.

Whilst some will take a proactive approach following a diagnosis of infertility, others will struggle to come to terms with this.  Recent research shows that involuntary infertility has a big impact on self-esteem and emotional well-being in both men and women. Our sense of identity, our masculinity and femininity are linked to our fertility.  People can find it difficult to discuss the problems they might have (or fear they might have) and it can put strain on relationships and affect performance at work.

For those people whose fertility levels do not improve through lifestyle changes, it may mean they will need to turn to assisted conception.  Assisted conception can take many different forms, including IVF, ICSI, egg and sperm donation and surrogacy.  The range of choice can seem overwhelming and it can be difficult to know where to start, or perhaps to reassess the situation if fertility treatment is unsuccessful.

If you are planning a family through fertility treatment or surrogacy it is equally important to get to grips with the legal issues so that you can ensure you properly protect your parental status and you can legally secure your family unit.  Assisted conception, complex personal circumstances, an international dimension, donor conception, solo-parents, co-parents, same-sex parenting and known donation can all raise complex legal issues. If you would like to discuss your personal situation in more detail or you would like more information about the legal issues surrounding fertility treatment, surrogacy, egg and sperm donation or parenting and children email me louisa.ghevaert@michelmores.com.

Surrogacy: what motivates its practice?

Tuesday, March 27th, 2012

There are number of factors that motivate the practice of surrogacy around the world, including altruism, infertility, commercialism and in some cases grief.  Different jurisdictions take different approaches to surrogacy law and practice in what remains an evolving area fraught with many difficulties and challenges.

Sometimes, people are motivated to turn to surrogacy through tragedy as in the recently publicised Indian case of KP Ravikumar and his wife Karthyayani.  Their only son died unexpectedly of testicular cancer in January 2011, leaving behind a semen sample in case his cancer treatment left him infertile.  Ravikumar and his wife recently won a court order for the release of their son’s semen which they plan to use to conceive a child through surrogacy.  Their case has made headlines and brought surrogacy once again into the media spotlight.

Ravikumar, aged 59, and his wife Karthayani, aged 58, first wanted to adopt a child following the death of their son but found they were disqualified by their combined age.  Motivated by their grief and sense of loss, they turned to surrogacy.  They found a relative of Ravikumar who was willing to become a surrogate mother for them and they planned to sell some of their land to raise enough money to cover the costs of the surrogacy arrangement.  However, their surrogate subsequently backed out following intense media publicity.

Much of the publicity surrounding this case focused on the ages of Ravikumar and his wife and their desire to have their dead son’s child.  India has no formal surrogacy laws as the Assisted Reproductive Technology (ART) Regulation Bill 2010 has not yet been approved.  As a result, there is no formal age bar or other legal restrictions preventing them from entering into a surrogacy arrangement.

Whilst the story is compelling in its grief and tragedy, it raises a number of complex legal issues associated with ownership of their son’s semen, parenting in later life, the best interests of the surrogate born child and the regulation of surrogacy law and practice. The lack of legal uniformity of surrogacy around the world, combined with growing demand for surrogacy and assisted conception creates a number of challenges for law and policy makers.  This case aptly demonstrates the overwhelming desire that can motivate some to become parents through surrogacy when all else has failed and the complex issues it can create.  Assisted reproductive technology is here to stay and this makes family building possible in ways that simply was not a reality twenty or thirty years ago.

If you would like more information about the legal issues associated with surrogacy contact me by email louisa.ghevaert@michelmores.com.

UK surrogate pregnant for a ninth time with twins

Wednesday, February 29th, 2012

UK surrogate mother, Jill Hawkins, is pregnant again for a ninth time.  Jill, a legal secretary from Brighton aged 47, is due to give birth to her ninth and tenth surrogate babies three weeks before her 48th birthday. Jill spoke of her pride of being a surrogate mother and how fulfilled she felt during pregnancy during a recent press interview.

Jill’s first seven surrogate  babies are reported to have been conceived through artificial insemination using her own eggs and the intended father’s sperm.  This time round, Jill conceived twins through IVF using the intended parents’ own embryos.

Jill is the most prolific surrogate mother in the UK, following Carole Horlock’s move to France  after giving birth to twelve surrogate babies. Jill and I were interviewed about surrogacy law and practice on BBC Breakfast last year (January 2011).

Surrogacy is a restricted legal practice in the UK.  There is a public policy restriction against commercial surrogacy and surrogacy contacts are not binding in law. The surrogate mother is treated in law as the child’s legal mother at birth (regardless of biology) and intended parents need to apply to court for a parental order to extinguish the legal status of their surrogate mother and obtain full legal parental status for their child.

If you would like to discuss your situation in more detail or you would like more information about the legal issues associated with surrogacy contact me by email louisa.ghevaert@michelmores.com.

Further celebrity endorsement fuels demand for international surrogacy

Wednesday, January 4th, 2012

Robert DeNiro and his wife Grace Hightower are the latest celebrity couple to have a baby through surrogacy.  They recently announced the birth of their baby daughter, Helen Grace.  Baby Helen is the couple’s second child, being a younger sister for their son Elliot aged 13.  Robert DeNiro has further children with his former wife and girlfriend, two of whom are reported to have been born with the help of a surrogate mother.

They follow in the footsteps of other celebrity couples including Nicole Kidman and Keith Urban, Elton John and David Furnish and Sarah Jessica Parker and Matthew Broderick. Whilst the cost of surrogacy in the US, where these celebrities are understood to have entered into their surrogacy arrangements, is far from cheap and can cost tens of thousands of dollars, celebrities are increasingly embracing surrogacy as a way of having or expanding their family and raising the profile of surrogacy across the world. Surrogacy is increasingly being viewed as a flexible family building option, particularly for those couples unable to carry their own pregnancy and same-sex couples and is often combined with the use of donor eggs or sperm and IVF.

The English family court has now endorsed a small number of international surrogacy arrangements involving British couples who have entered into  surrogacy arrangements with foreign surrogates abroad. However, any cross-border surrogacy arrangement raises a number of complex issues, reflecting the international dimension, the commercial nature of the agreement which offends domestic public policy designed to prevent commercial surrogacy in the UK, the often complicated immigration, citizenship and nationality considerations and the need to protect the best interests of the surrogate born child or children, the surrogate parents and the intended parents. The English family court continues to highlight the need for prospective surrogate parents to take great care over the relevant legal issues and ensure they obtain expert legal help and assistance so they can navigate a safe path home to the UK with their surrogate born baby after the birth and legally protect their family and parental rights in the UK.

If you would like to discuss your situation in more detail or you would like more information about the legal issues surrounding surrogacy contact me by email louisa.ghevaert@michelmores.com.

Fertility treatment is on the rise in the UK

Saturday, December 17th, 2011

The latest figures released by the Human Fertilisation and Embryology Authority (HFEA) show a six percent increase in the number of fertility treatments undergone in the UK  last year.

According to the HFEA’s annual report, approximately 45,200 women underwent fertility treatment in the UK in 2010, up from approximately 42,500 in 2009. The HFEA’s report also indicates that the number of fertility treatment cycles using donor eggs and donor sperm increased. The majority of women who underwent IVF treatment in the UK in 2010 were aged 37 years or under. The average age of women undergoing IVF was 35.

Fertility treatment can raise complex legal issues.  If you would like more information about the legalities surrounding fertility treatment, including IVF, donor conception and surrogacy please contact me by email louisa.ghevaert@michelmores.com.

Fertility treatment and parenting: a quantum shift?

Thursday, September 22nd, 2011

Increasing numbers of people are using surrogacy, in vitro fertilization (IVF) and egg and sperm donation to build families and many will cross borders in the process. People now have more choice than ever before about the creation of their family and this is changing the character and identity of family life and parenting in the UK.

Growing numbers of people are  choosing to cross borders to access reproductive treatment, motivated by cost considerations, greater availability of donor eggs and sperm abroad and permissive legislation which in some foreign destinations endorses surrogacy on a commercial basis.

Families created through surrogacy, donor conception and fertility treatment  have a unique family history and identity all of their own.  Parents have often struggled hard to achieve their much wanted families and many will become parents later in life, often against a backdrop of  unsuccessful treatment, unexplained infertility and miscarriage.  Increasing numbers of families created in these ways will also involve known donors, co-parenting arrangements and solo mothers.

Fertility treatment and family building raises all manner of legal issues, including  immigration and citizenship considerations, donor information rights, acquisition of parental status and the need for carefully crafted parenting plans and agreements for those families involving known donors and co-parents.

For more information about surrogacy, donor conception and fertility and parenting law please contact me by email louisa.ghevaert@michelmores.com.

UK Donor Link threatened with closure

Friday, August 26th, 2011

The UK Donor Link (UKDL) is the voluntary contact register for donor conceived adults in the UK who were conceived prior to August 1991.  It is threatened with closure and shuts its doors to new registrants today because the Government will stop its funding in October 2011 pending a decision next month by the public health minister.

UKDL enables donor conceived people, their donors and half-siblings to exchange information and where agreed contact each other. The register is available throughout the UK and helps individuals who were conceived with donor gametes and donors who donated before the Human Fertilisation and Embryology Act came into force in 1991.

UKDL has so far been unsuccessful in securing alternative funding and is running a campaign seeking donations.  UKDL closes its doors today to new registrants because DNA testing and linking cannot be completed before the service may have to close at the end of October.

Louisa Ghevaert, a specialist in fertility and parenting law at Porter Dodson states “UKDL provides a very important service for donor conceived individuals and donors, who might not otherwise be able to access information about their genetic origins or make contact with genetic relatives (as donors were usually anonymous and there was no legal requirement to maintain records before August 1991).  If UKDL closes altogether it could have devastating consequences for donor conceived people and donors in the UK. It would be a serious retrograde step and an immeasurable loss to the fertility sector.”

For more information about donor conception law contact me by email louisa.ghevaert@michelmores.com.