Posts Tagged ‘embryo law’

Louisa Ghevaert joins Michelmores

Monday, August 25th, 2014

I’m delighted to join Michelmores Solicitors as a partner to head up a specialist fertility, family and parenting law practice. Michelmores have offices in Chancery Lane in London, Bristol and Exeter.

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

My award-winning, innovative and pioneering legal practice includes international and UK surrogacy, donor conception, co-parenting, fertility treatment law, posthumous conception, inter-country adoption, divorce and finances, cohabitation and complex family and children law.

I’m ranked as a leading lawyer in fertility and family law by Chambers & Partners UK 2014, which says ‘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”.’ I’m also ranked as a leading expert by The Legal 500 UK 2013.

I’ve represented fertility patients, parents and intended parents in numerous well known UK fertility law cases including, embryo storage and surrogacy disputes, landmark applications for parental orders in the English Family Court following commercial surrogacy and disputes over NHS fertility treatment funding.

My specialist fertility and family law practice was High Commended at The Law Society Excellence Awards 2013 in the Category of Business Development and Innovation.  I was also shortlisted at The Family Law Awards 2013 in the Category of Most Innovative Family Lawyer of The Year.

I’m joined by Rachel Cook, a leading authority on adoption and children law.  Rachel’s specialist expertise brings added depth to the fertility, family and parenting team at Michelmores.  Rachel is a member of the British Association of Adoption and Fostering Legal Group Advisory Committee, a member of the Department of Education Adoption Stakeholder Group, an Independent Panel Chair of a Local Authority Adoption Agency and a trustee to a large Voluntary Adoption Agency.

 

Fertility and Parenting law team shortlisted for The Law Society’s 2012 Excellence Award in Innovation

Tuesday, September 11th, 2012

I am delighted that my team and I at Porter Dodson Fertility have been shortlisted for the Law Society’s 2012 Excellence Award in Innovation. 

This recognizes our cutting-edge, pioneering and innovative legal work helping people all over the world build families through fertility treatment, international and UK surrogacy, donor conception including known donation and co-parenting, as well as our work concerning family, children and parenting disputes.

The Law Society’s prestigious awards ceremony recognizes excellence across the legal profession and outstanding contributions from solicitors and their teams.  Winners will be announced at a black tie event on 18 October at Old Billingsgate, London.



For more information about this and our work click here or contact me by email louisa.ghevaert@porterdodson.co.uk or call +44 (0)207 222 1244 or visit www.porterdodsonfertility.com.

Louise Brown, the world’s first IVF baby, talks about surrogacy and assisted conception

Friday, June 29th, 2012

Louise Brown (aged 33) was the first baby to be born through IVF.  Louise’s mother, Lesley, pioneered the practice of IVF in the UK (and around the world) and she sadly  died recently after developing septicaemia whilst being treated in hospital for gallstones. Louise and her mother were very close and Louise paid tribute to her mother in a recent media interview saying “She gave me life – and every woman the chance to be a mother” and “I don’t think I could have tried for a baby for as long as she did.  I’d have given up, but she never did”.

Louise, herself now a mother, endorses IVF treatment although she admits to worrying about the consequences of scientific developments  in assisted conception.  She recently said during a media interview “IVF has helped millions of couples have babies.  Of course I’d have had it myself if I’d needed to”. She went on to say “I’m happy for same-sex couples to use IVF to have a baby, but I don’t believe couples should be able to choose the sex or anything else for their child unless it’s for medical reasons”.

In terms of surrogacy, Louise said “I don’t have strong feelings about surrogacy – if it’s used properly it can help women who can’t carry a child.  Her biggest concern, however,  centres on the rising numbers of older women seeking assisted conception to become mothers.  More and more women are turning to IVF and surrogacy to have a much wanted child when their attempts to conceive naturally prove unsuccessful, often later in life after they have established their financial positions, personal lives and careers.  IVF can be very gruelling and surrogacy is not for the faint-hearted given the UK legal restrictions and the complex legal and logistical issues associated with international surrogacy arrangements. Louise acknowledges this growing trend but said “Children need their parents to be there, so I believe in having children young, to see as much of their lives as possible” and “I can understand why some older women might be desperate for a family if they haven’t had one, but I’d be worried about women in their fifties having a baby just because they can”.

The desire to have a baby can be incredibly powerful and deep seated and these feelings can drive people of all ages and walks of life to want to have a child.  In the knowledge that assisted conception, IVF and surrogacy is a global reality and that scientific developments are improving pregnancy success rates all the time, increasing numbers of people are choosing to become parents later in life and build non traditional family structures (including solo parents, co-parenting and known donor arrangements). This brings with it all manner of additional challenges, both legally and practically.

If you would like to discuss your situation in more detail or you would like more information about the legal issues surrounding surrogacy, IVF, donor conception, known donation, co-parenting arrangements or becoming a solo parent please email me louisa.ghevaert@michelmores.com.

International surrogacy in India: an unregulated market

Tuesday, May 29th, 2012

The unregulated Indian surrogacy market could be worth as much as £1.5 billion a year and growing, according to Indian authorities.  It is believed there are up to 1,000 Indian clinics offering surrogacy and fertility treatment services to international intended parents through a combination of IVF, egg donation and surrogacy.

Demand for surrogacy in India continues to rise, with increasing numbers of British people travelling to India to have a much wanted baby in light of the legal restrictions and perceived uncertainty associated with the process in the UK.  British intended parents willing to travel to India for surrogacy come from all walks of life and include both  heterosexual and same-sex couples.  Many have turned to surrogacy having become concerned about the difficult and complex procedure to adopt and foster in the UK.

The Indian government has carried out a study looking at ways to introduce legislation to regulate surrogacy in India.  Proposals have been drawn up to introduce safety standards, prohibit sex selection, prevent women able to carry their own pregnancy from undertaking surrogacy and establish a register of clinics with a regulatory body to supervise and enforce standards. The  proposals would also require intended parents to be able to confer their own citizenship upon their surrogate born baby automatically at birth in an attempt to prevent further cases of babies being born stateless and parentless due to an international conflict of law. However, legislation remains in draft and it could take many years before it becomes law.

For those experiencing infertility or same-sex couples, surrogacy can deliver hope and a much wanted child.  However, international surrogacy is fraught with complex legal issues and potential pitfalls.  There is a public policy ban against commercial surrogacy in the UK and egg donors can only be paid £750 for expenses and this causes an international conflict of law when British intended parents enter into a commercial surrogacy arrangement and conceive with the help of a commercial egg donor in India.  Law in the UK does not automatically recognise an Indian birth certificate naming intended parents as their surrogate born baby’s parents and they currently need to undertake a complex parental order application in the English court to secure parental rights in the UK.  Intended parents must also have a viable immigration action plan to ensure they can obtain the right travel papers and clearance to get their baby home safely to the UK after the birth.  In the absence of this, they risk their baby being left marooned abroad and facing a difficult and complex legal battle with the British Home Office.

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

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.

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.

Surrogacy lawyer sentenced to prison for international baby-selling

Monday, February 27th, 2012

Theresa Erickson, a former prominent Californian surrogacy lawyer, was last Friday sentenced to five months in prison, nine months home confinement, three years of supervised release and a $70,000 dollar fine plus restitution for her role as ring leader of what prosecutors termed an illegal international baby-selling ring. Her sentence follows the prison sentence that was delivered to her co-conspirator and Maryland lawyer, Hilary Neiman, last December. Carla Chambers, the third co-conspirator, also received five months in prison for her role and guilty plea to knowingly receiving money from an illegal enterprise.

The legacy of this case will create longstanding issues for the intended parents, surrogates and children involved.  A point noted by the federal judge who stated that Erickson and her co-conspirators had tainted the birth stories of the children involved.  Erickson acknowledged her wrongdoing in court and said she had lost her way.

The six year scam, which  involved at least 12 fake surrogacy arrangements, stands as a stark reminder of what can happen when surrogacy and assisted reproduction goes wrong.  US prosecutors delivered a statement in court  stating that Erickson had been motivated by greed and that she had preyed upon people’s most basic need to have and raise a child, charging childless couples $100,000 or more to become intended parents and step into falsified ‘surrogacy arrangements’ where surrogates were already pregnant using donor embryo treatment in the Ukraine.

Assisted reproduction and surrogacy can offer hope to many people who are unable to have a child of their own.  Surrogacy can deliver the reality of a much wanted child and family after years of personal heartbreak and upset.  The actions of these individuals have, however, left their mark and raised questions about the control and regulation of assisted reproduction across the world and the role of the professionals involved.   International surrogacy arrangements raise a number of complex legal and practical issues for intended parents and surrogates to get to grips with, in what remains an expanding and fast moving area of law and practice. This case shows that assisted reproduction and surrogacy is not without its risks and that great care is needed at all stages of the process.

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

Surrogacy: is it on the increase?

Wednesday, January 25th, 2012

Interest in surrogacy continues to grow around the world.  Surrogacy is becoming more common as a family building option, whether on an altruistic, commercial, host or straight basis.

For some heterosexual couples, surrogacy is an attractive option when IVF treatment has failed and when faced with the often daunting, lengthy and uncertain adoption process.

Surrogacy can also deliver the prospect of a genetically related child, which can be a powerful incentive for many people struggling to conceive naturally and for same-sex couples.

For gay male couples looking to start a family, surrogacy can offer parental autonomy as opposed to entering a co-parenting or known donor arrangement which can involve three or more adults.

Celebrities continue to endorse surrogacy, capturing public interest and raising the profile of surrogacy around the globe.

More jurisdictions than ever before are opening their doors to surrogacy, providing an increasing choice of surrogacy destination for intended parents. Some foreign jurisdictions endorse surrogacy on a commercial basis and offer binding surrogacy contracts and a pool of prospective surrogates and donors, which can seem an attractive option for some intended parents when faced with legal restrictions limiting the practice of surrogacy in their home country.

However, surrogacy law and practice remains an evolving area.  There is no international unification of laws surrounding surrogacy and this can create a range of legal problems for intended parents looking to cross-borders and enter into international surrogacy arrangements to create a much wanted family. If you would like more information about the legal issues surrounding surrogacy contact me by email louisa.ghevaert@michelmores.com.