Gamble & Ghevaert

Posts Tagged ‘fertility treatment’

HFEA set to be abolished as part of government’s slash of quangos

Wednesday, July 28th, 2010

The government announced this week that the HFEA was one of several quangos set to be axed, as part of the government’s bid to cut costs and reduce the UK’s deficit.  The Human Fertilisation and Embryology Authority has regulated fertility treatment and embryo research in the UK since 1991, and its responsibility includes licensing and overseeing fertility clinics, giving ethical and policy guidance and ensuring public confidence in the developing science of assisted reproduction and embryo research.  Its functions will be retained, but carved up between other existing public bodies, including the Department of Health and the Care Quality Commission.

The Chair of the HFEA, Lisa Jardine said:

“IVF needs to be effectively regulated and the current system has served the public, patients and licensed centres well. Our task now is to deliver the organisational change that the Government has decided on and to ensure the continuity of the very high standard of regulation that the sector deserves and expects. I am determined that the success story that is regulated assisted reproduction in the UK will continue.”

Fertility law, assisted reproduction and the importance of specialist legal advice

Friday, February 19th, 2010

By Louisa Ghevaert, partner at Gamble and Ghevaert LLP

If you are thinking about or undergoing fertility treatment or assisted reproduction you will no doubt spend time and energy thinking about a range of factors including success rates, clinics, cost, treatment options, egg and sperm donation, timescales and process.  However, will you stop and think about the importance of specialist fertility law advice?  You wouldn’t buy a house, get divorced or make a Will without first obtaining legal advice.  So why take any unnecessary risks when you are building your much wanted family?

Fertility treatment and assisted reproduction is often time consuming, stressful, expensive and emotionally draining.  Why potentially make matters worse by failing to get to grips with the legal issues? Fertility law often overrides biology and this can create the wrong legal outcome for the unwitting, particularly as many people have complicated personal lives and family arrangements.

If you need third party assistance to conceive are you confident that the law will recognise you as a legal parent?  Are you sure you can be named as parent on your child’s birth certificate?  Will you be able to exercise parental responsibility and for example consent to medical treatment and vaccinations for your baby? Are you sure about the legal status your partner, spouse, surrogate or donor will have for your child?

If you adopt a laissez-faire approach or lull yourself into a false sense of security that the legal side of things will be alright you could be doing yourself and your family a huge disservice.  Once you have conceived it’s often too late to avoid some of the legal pitfalls and you may then need complicated legal solutions further down the line.

If you take early specialist fertility law advice before you conceive and you tackle the legal issues as they apply to your particular circumstances you may save yourself a lot of heartache.  A well drafted donor agreement if you’re involving a known donor or a clear understanding of surrogacy law if you plan to conceive through surrogacy or a specialist Will could save you time, money and worry.

Don’t leave the legal side of things to chance.  Fertility law isn’t always well designed for modern twenty first century living.  Invest in specialist fertility law advice at the start and take control of your family’s future.

For more information about family building see our family building service.

The art of baby making

Monday, January 11th, 2010

Deciding that the time is right to build a family is a defining moment in your life.  However, unfortunately this is all too often just the start of a long and difficult journey to parenthood, fraught with many potential problems and pitfalls along the way. Whether you are a single gay man or woman or in a relationship, there is a definite art to building a family and making babies.

The problems

For prospective same-sex parents the obvious biological difficulties create major hurdles to overcome in the baby making process. Decisions inevitably have to be made about sourcing anonymous or known donor sperm, donor eggs, surrogacy or the merits of co-parenting.  The wrong decision at the outset can lead to all manner of problems further down the line.

Many people are often short of time, lack peace of mind about their choice or feel overwhelmed by the different options for creating a family. Issues of, timing, cost, treatment and general logistics can lead to knee jerk decisions, wasted time and money, legal complications and a lot of heartache.

Take for example John, a successful marketing consultant, who’s always wanted a family of his own and feels the time is right to get started. What are his options as a single gay man?  He could adopt, co-parent with a female friend, consider surrogacy in the UK or abroad or get himself a partner with children.  However, there is so much to get to grips with in terms of understanding the fertility sector as a whole, knowing the fertility treatment options and tackling the often complex underlying legal issues.  John simply doesn’t know where to start and he doesn’t want to mess things up.  His concerns often keep him awake at night and are stopping him from taking the plunge.

Solutions

John should be encouraged to know that he isn’t alone in his wish to build a family and there is good quality of advice and information out there if he knows where to look.  Once he appreciates the bigger picture and takes more control, family building and baby making becomes easier. So, what are some of the basics John should think about?

Navigating the fertility and parenting sector

John would benefit enormously from a greater understanding of how the law works.  John needs to get clear in his own mind whether he wants parental autonomy or whether he would be happy to share parenting and if so the degree of his involvement on a day to day basis.

John then needs to think about the practicalities of achieving his goal.  He will need to understand better the wide range of services available in the fertility and parenting sector.  These include UK licensed fertility clinics, the issues surrounding informal conception, the role of the not-for-profit organisations in the UK including Infertility Network UK, Donor Conception Network, COTS, Surrogacy UK, the British Association for Adoption and Fostering (BAAF), the framework surrounding fertility treatment in the UK and options if he were to build a family abroad.

If John decides that conception is the way to go, understanding the basic different fertility treatment options is key.  It may be stating the obvious, but no one is born knowing the difference between IVF, IUI, ICSI, straight or host surrogacy, and it makes sense to take a little time to explore these at the outset.  This can help John to gather more information and medical help and support with better efficiency.

Underlying legal issues

John shouldn’t be fooled into thinking that everything will be straightforward legally.  Building a family through assisted conception often creates a legal minefield.  The law isn’t always logical and he really does need to understand the legal basics, including legal parenthood, parental responsibility, issues of citizenship and the importance of family-proofing his Will.

Having a family is no longer the preserve of straight couples.  Time have changed and with recent improvements to the law there are now more options than ever to build a family and become a parent.  You just need to know how to go about it in the right way.

For more information on our family building service see our website.