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There are now more ways than ever to
start a family
, thanks to recent changes in
the law – better fertility treatment
options, conception with donor sperm, the help of a
known donor or co-parent or through surrogacy.
However, these family-building options can create
complex legal problems and very real practical
difficulties for pink families, making it essential to do
your homework and get to grips with the legal issues
from the outset.
DONORS AND CO-PARENTS
If you intend to conceive using donor eggs or sperm or
you plan to co-parent, make sure you understand your
legal status and role and the value of a known donor or
co-parenting agreement. This can make all the difference
in terms of achieving a successful parenting experience. A
properly drafted donor or co-parenting agreement can
also be an important working tool, as well as strong
evidence in the event of a legal dispute in court.
SURROGACY
If you are considering surrogacy as a family-building
option of choice, the law raises a number of legal pitfalls.
Surrogacy is a restricted legal practice in the UK.
Surrogacy agreements are not legally enforceable and it
is a criminal offence to advertise for a surrogate or to
advertise as a prospective surrogate mother. In addition,
there is a public policy restriction against commercial
surrogacy in the UK and the law expects no more than
reasonable pregnancy related expenses to be paid to
surrogate mothers. Furthermore, intended parents must
meet stringent legal criteria in order to apply for a post-
birth court order after the birth (called a parental order)
to obtain full legal status for their child.
The legal issues become even more complicated if you
are considering an international surrogacy arrangement.
This is because there is no international harmonisation of
surrogacy law around the world. This can create
international conflicts of law, which can leave surrogate
born babies stranded in a foreign country with no
citizenship anywhere in the world and no travel papers
with which to navigate a safe path home after the birth.
As a result, the English Court consistently advises intended
parents to obtain expert legal advice before they commit
themselves to a surrogacy arrangement.
PARENTING AND CHILDREN
Parenting a child takes a great deal of time, love and
patience. Parents also need tomanage relationships
carefully with their child’s other legal parent, known donor,
co-parent, step-parent, grandparent or significant other
adult. Each family has its own special and unique identity
and for any successful family, there needs to be a clear
understanding of the law as well as effective expectation
management. The law is fast-moving and is not always
geared up tomeet the needs of pink families. Effective
specialist legal advice can therefore help protect these
relationships and it can become invaluable if a dispute
arises about arrangements for a child or over legal status.
Louisa Ghevaert is internationally recognised as a leading
expert in fertility, surrogacy, donor conception and
parenting law and heads an award nominated fertility
and parenting law practice at Porter Dodson Solicitors
and Advisors. For specialist legal advice please contact
Louisa by email, louisa.ghevaert@porterdodson.co.uk, call
0207 222 1244 or visit www.porterdodsonfertility.com
The legal issues become
even more complicated
if you are considering
an international
surrogacy arrangement
pink weddings magazine 43
Starting a Family
Make sure you understand your legal rights on
fertility treatment because the law isn’t always
straightforward, says
Louisa Ghevaert
Don’t leave it to
cha ce!