Posts Tagged ‘fertility treatment’

BBC World Service Interview: Banning Commercial Surrogacy in Thailand

Tuesday, 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.

The HFEA is here to stay

Friday, February 8th, 2013

The Department of Health has recently announced that the Human Fertilisation and Embryology Authority (HFEA) will continue to regulate fertility treatment at UK licensed fertility clinics and research on human embryos in the UK.

The Department of Health has commissioned an independent review to look at ways the HFEA can cut costs. The review will report to the Government by April 2013.

It is excellent news that the HFEA will not be abolished.  It has for many years lead the world in best practice for the regulation of assisted conception, including IVF and human embryo research.  It’s work safeguards standards of fertility treatment for patients across the UK and provides help and support to professionals and patients alike.

If you would like more information about fertility treatment, donor conception, surrogacy or parenting, children or family law please contact me by email louisa.ghevaert@michelmores.com.

Mother in surrogacy case fights legal battle for maternity rights

Wednesday, September 26th, 2012

An intended mother from Kent is taking legal action against the Secretary of State for Work and Pensions for the same maternity rights as adoptive parents.

The woman has taken her case to the High Court arguing that she has been discriminated against under The Human Rights Act.  She is arguing that the Government has failed to ensure respect for intended parents’ private and family life in surrogacy cases and that the Government has a positive obligation to avoid discrimination.

The woman and her husband conceived with the help of a surrogate and IVF last year.  When she approached her employer for information about maternity rights and entitlement, her employer advised her that they were under no legal obligation to allow her time off work to care for her child, although they finally offered her a year’s unpaid leave as a gesture of goodwill.

The woman then contacted her local MP, who forwarded her request for help with obtaining paid maternity leave to the Secretary of State for Work and Pensions.  The Department of Work & Pensions is understood to have refused to help saying that maternity benefits were related to “time off in the later stages of pregnancy and [to] prepare for, and recover from, childbirth in the interests of health and that of their baby”.  The woman queried their response highlighting that leave is given for adoptive parents.

Sadly, having accepted the offer of unpaid leave, the woman was made redundant shortly after the birth of her baby son.  As she did not qualify for maternity leave, her unpaid leave was not legally protected.

Parents of surrogate born children should have the same legal rights and protection as other parents.  The current lack of legal protection can cause immense hardship for intended parents, who can face financial difficulties and worries about job security or even job loss.  This sends out a worrying message that parents and children born through surrogacy are second class citizens and this needs to change.  Current surrogacy laws in the UK are outdated and there needs to be a root and branch overhaul to make them fit for the twenty first century.

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

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.

Indian surrogacy: draft law finalised to bring in regulation

Tuesday, July 17th, 2012

For the first time, The Indian Government has finalised draft legislation to regulate the rapidly expanding Indian surrogacy sector.  At present, there are no surrogacy laws in India and surrogacy is neither legal nor illegal.  It is understood that the Indian Government is moving quickly to introduce legal regulation and The Assisted Reproductive Technology Regulation (ART) Bill is due to come before the Winter Session of the Indian Government.

There are currently believed to be around one thousand fertility clinics in India, although the actual number is unclear as there is no official supervisory body.  It is estimated that there were approximately two thousand surrogate births in India last year, with around half of these believed to have been born to British intended parents.  Indian authorities now believe the Indian surrogacy sector is worth as much as £1.5 billion each year and that it continues to grow rapidly and needs regulation.

The Bill seeks to ban foreign intended parents from entering into a surrogacy arrangement in India if surrogacy in prohibited in their homeland (which will catch many European nationals).  It also requires foreign intended parents to provide an undertaking that their surrogate born child will be entitled to foreign citizenship from their home country.  This is designed to stop the birth of surrogate born children in India who are stateless (since they are not currently recognized as Indian citizens) and who cannot then navigate a safe legal path home with their intended parents.

The Bill also requires foreign intended parents to retain a local guardian to support the surrogate in their absence.  If the intended parents do not assume care of the child after the birth, the child will then be granted Indian citizenship and the guardian will then be able to arrange his/her adoption in India.  This is designed to stop cases where surrogate born children have been born legally parentless in India due to an international conflict of law and intended parents have either struggled to get home safely with their child or they abandoned the child altogether.

The Bill also restricts surrogate mothers to those aged 21 to 35 years, with a cap of five successful live births in her lifetime including the births of her own children. Overall, the Bill’s aim is to support the rights of surrogate born children, surrogate mothers and intended parents and bring about legal regulation with criminal sanctions for those who breach the law. This demonstrates once again that surrogacy law and practice remains a fast moving area and this is something to watch in the months ahead as we wait to see what the end result will be.

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

Surrogacy ban to hit Queensland: a worrying step backwards

Friday, July 6th, 2012

The Queensland government has announced that it plans to change surrogacy law to prevent single people, gay couples and straight couples who have lived together for less than two years from undergoing surrogacy. Existing altruistic surrogacy legislation was only passed in February 2010, de-criminalising altruistic surrogacy although commercial surrogacy remains a crime.

The Queensland Premier Campbell Newman said shortly before his election in March that his party would not make any changes to surrogacy law.  He has subsequently said this was a mistake and that they intend to change the law and restrict surrogacy to longstanding heterosexual couples only.  These proposed changes will effectively criminalise altruistic surrogacy arrangements for single people, gay couples and heterosexual couples who have lived together for less than two years and they will face a prison sentence of up to three years if they have a child through surrogacy.

These proposed changes represent a significant government u-turn and a worrying step backwards in terms of the rights of single people and gay and straight couples to access surrogacy.  These proposed changes will create additional worry and heartache for many prospective parents, who will either seek to keep ‘below the radar’ with their family building plans or move to a state with less restrictive and discriminatory laws. Interest in surrogacy continues to grow around the world.  Growing numbers of intended parents are already crossing borders to access surrogacy in the face of restrictive laws at home and these numbers look set to increase in light of these proposed changes to the law in Queensland.

Surrogacy arrangements, particularly those with an international element, can raise complex legal issues and international conflicts of law. 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.

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: US judge denies restitution following surrogacy scam

Friday, June 22nd, 2012

On Monday (18 June 2012), a US federal judge in San Diego denied a claim brought by Sharp Healthcare for reimbursement of approximately $600,000 in medical costs for the medical care of seven surrogate babies delivered as a result of an international baby-selling ring.

This case follows on from the conviction of a former prominent Poway surrogacy lawyer, Theresa Erickson, earlier this year for fraud and her sentence to a 14 month term (with five months to be spent in prison) for her part in the surrogacy scam.  Two others, Carla Chambers of Las Vegas and Hilary Neiman of Maryland received similar sentences for their parts in the scam as well.

The seven surrogate born babies were delivered at Sharp hospitals.  Several of the babies were premature and medical costs for their care exceeded $600,000.  The intended parents respectively paid between $100,000 and $150,000 for their surrogacy arrangements and believed everything was legal and that there was medical insurance in place to cover medical costs.  The intended parents were then shocked and horrified when they were presented with huge medical bills and discovered these were not covered by health insurance and the illegality of their surrogacy arrangements came to light.

Sharp Healthcare entered into agreements with the majority of the intended parents and accepted more than $235,000 in payments.  However, this left a shortfall of approximately $600,000 which it sought to recover from Theresa Erickson.  Their claims were denied in five of the seven cases by US District Judge Anthony Battaglia. The judge ordered only a few thousand dollars of reimbursement to the remaining two sets of intended parents who had been listed in the government’s criminal case as victims (the other five sets of intended parents had not been listed as victims in the government’s case).

The outcome of this case graphically illustrates once again what can happen when surrogacy arrangements go wrong.  The legal issues surrounding surrogacy are complex and even more so in cases involving international surrogacy arrangements. It is therefore critical that anyone contemplating a surrogacy arrangement fully gets to grips with the legal issues and implications from the outset and ensures they have confidence in the people with whom they work.

If you would like to discuss your situation in more detail or you would like more information about surrogacy law and the specific legal issues associated with international surrogacy 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.