Fertility Law

Our Family Law experts provide practical advice on IVF, surrogacy and egg or sperm donation, helping individuals and couples understand their options and legal implications.

Our Family Law experts are adept at providing support and advice for all clients who are considering using assisted methods of reproduction or surrogacy such as IVF, surrogacy or egg/sperm donation. Fertility Law and Surrogacy are very nuanced areas of law and we often find clients can be uncertain about what options are available to them and their legal implications. We offer pragmatic, solution-based advice for both individuals and couples.

We can advise on:

Surrogacy

Surrogacy is lawful in the United Kingdom however it is illegal to pay the surrogate anything other than reasonable expenses. It is important that a licensed agency is used. Specialist advice should be sought at the outset to understand your rights and responsibilities and how to transfer parental rights to the intended parents following the birth of the child.

Parental Order

This is a vital part of the process when using a surrogate or in certain other cases where one of the intended parents is not giving birth to the child. In Scots law only the birth mother automatically obtains Parental Responsibilities and Rights. Our specialist family law experts can advise on how to obtain a Parental Order from the Court within the required legislative timescales

Storage of Eggs, Sperm and Embryos

It is important before agreeing to the storage of embryos or eggs/sperm either as a donor or a recipient that you are fully advised on the terms of storage, particularly if there is a change of circumstances such as separation or loss of capacity. Our family law solicitors offer bespoke advice and can provide clients with a number of tailored options to provide certainty in difficult circumstances.