The excitement and thrill of planning a new baby can - for some couples - turn to heartache as they experience difficulties in conceiving. If you are considering fertility treatment, donor conception or surrogacy, there are certain important legal aspects of which you should be aware. 

I vividly remember the sex education I received at the convent school I attended. It was really quite straightforward. You get married and then a baby appears…how marvellous! If only it were that simple! 

For many, conceiving a child is not a simple task. Scientific advances mean that there are more ways than ever to enable whoever wishes to become a parent and to enjoy its delights. But nothing is ever that straightforward, and we currently find ourselves in a situation where the needs of the modern family are ahead of the law.

Families take so many forms in our modern society. These include, but are not limited to, same-sex families, heterosexual families, separated families, blended families, trans families and solo parent families. 

Each family will have their own journey to parenthood, but it is essential to receive advice at an early stage (before conception) to understand the impact of any potential assisted route on the relationship you will have with that child, as well as your legal rights and the steps that may need to be taken to secure those rights. Fertility law is complex, and it is essential that you seek expert advice. 

For example, if a woman becomes pregnant using a donor egg, then despite having no biological connection to the child she will automatically be the child’s mother as she has given birth to the child. This theme runs through our current law – it means that a surrogate could carry a child on behalf of a couple, using their sperm and egg (known as a host surrogate) but at birth, the surrogate, despite having no biological connection to the child, is deemed its legal mother. What becomes even more bizarre is that if the surrogate is married then their partner (again no biological connection) will also assume legal parenthood from the birth until a parental order is made. They will remain the legal parent until the intended parents (IP) have a parental order granted.

There are calls for the law to be updated so that it protects the rights not only of the intended parents but also of surrogates. At this point in time, the law is still a little behind, so it is important to talk to someone who understands this sensitive and complex area of law. 

We offer sensitive, bespoke advice to meet the needs of your family. If you are considering fertility treatment, please get in touch so that we can help you to consider some key factors. Francesca Cozens can be contacted on 01245 453843 or francesca.cozens@birkettlong.co.uk.