Specialist family lawyers at national law firm Clarke Willmott are seeing a growing awareness among prospective parents of the legal implications of having children, with many seeking advice before starting fertility treatment.
Family lawyer Emily Finn, a senior associate who specialises in surrogacy and donor conception, says Fertility Week (2-6 November) is an opportunity to consider some of the wider issues facing people trying to have a child.
“Recent conversations with patients, clinics and other professionals across the fertility sector suggest that people are increasingly recognising that legal advice should not be left until the end of their fertility journey," says Emily Finn.
“Instead, many are seeing the value of understanding their legal position before embarking on treatment, whether in the UK or overseas.”
Emily says arrangements involving donor conception, surrogacy or treatment overseas can have significant implications for legal parenthood and parental rights, making early advice particularly important.
“For many prospective parents, understanding the legal framework at an early stage can provide greater certainty and help avoid complications later in the process.
“Many intended parents now arrive at consultations having undertaken extensive research into fertility treatment, donor conception, surrogacy and fertility preservation. They are often familiar with medical pathways and have connected with online communities to learn from others’ experiences.
“However, increased access to information can sometimes create confusion, particularly when legal guidance differs between jurisdictions or when individual circumstances do not fit neatly into a standard pathway.”
For some families, overseas treatment may offer greater availability of donors, shorter waiting times or access to options unavailable in the UK. However, the legal position on parenthood, donor anonymity, citizenship and travel documentation can vary significantly between countries. What is legally effective in one jurisdiction may not automatically be recognised in another.
“Many prospective parents are surprised to learn that, under current law in England and Wales, intended parents in a surrogacy arrangement are not automatically recognised as their child’s legal parents at birth. A parental order application is normally required after the birth to transfer legal parenthood.
“Although reform has been discussed for a number of years, the current legal framework remains in place, making specialist advice important for anyone considering surrogacy.
“Fertility treatment involves medical, emotional, practical and legal considerations. Working with clinics, counsellors, patient support organisations and legal professionals can help ensure prospective parents have access to the advice and support they need throughout the process.”
Clarke Willmott is a national law firm with offices in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton.
