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Fertility Preservation

It is important to consider and take steps to preserve and maximise your or a loved-one’s fertility. This will help safeguard biological legacy, your family building plans, conception arrangements and mitigate the risks of unexpected illness, injury or death.

Science and medical technology continues to evolve rapidly and there are now increasing fertility preservation and maximisation options, including:

  • Egg freezing
  • Ovarian tissue freezing
  • Uterus transplant
  • Sperm freezing
  • Testicular tissue freezing
  • Embryo freezing

We provide bespoke and innovative legal solutions. Our legal expertise spans the fertility, medical and family law sections, delivering peace of mind in this complex area of law, policy and practice.

If you require legal assistance or wish to discuss your situation please contact us

 enquiries@louisaghevaertassociates.co.uk

 +44 (0) 20 7965 8399

How we can help

Our legal services include:

  • Legal packages
  • Bespoke legal advice for your situation, needs and wishes
  • Preparation of legal documentation
  • Legal support and representation in court proceedings

Package One

Fertility preservation - legal review (general)

It provides initial specialist tailored legal advice on English law for individuals and couples seeking to preserve and maximise their fertility for future family building for a range of reasons including: career building, relationship issues, mitigate age and the ‘biological clock’, or future unexpected illness or injury. It:

Package Two

Fertility preservation and maximisation – legal review (urgent or complex needs)

This provides initial expert and tailored English legal advice on fertility preservation and maximization for individuals and couples with a serious or complex medical diagnosis, injury or personal situation to include: cancer diagnosis, rapidly declining fertility level, impaired fertility through medical negligence, trans individuals.

Leading cases

Louisa Ghevaert has dealt with numerous well known and groundbreaking fertility preservation and maximisation cases, including:

XX v Whittington Hospital NHS Trust [2018] EWCA Civ 2832, where for the first time the Court of Appeal awarded damages for the costs of fertility treatment, donor eggs and commercial surrogacy in California for a woman rendered infertile and unable to carry a pregnancy following a delay in detecting cancer in smear tests and biopsies. Louisa Ghevaert gave expert evidence in the case, which featured in The Telegraph 19 December 2018 and The Times, The Telegraph, The Mail Online and The Mirror on 27 January 2019.

Y v A Healthcare NHS Trust & The HFEA & Z (by his litigation friend, The Official Solicitor) [2018] EWCOP 18, a first-of-its kind judgement in which Louisa was part of the wife’s legal team and secured a unique legal ruling from the Court of Protection to extract and store sperm from a fatally injured man for use in posthumous fertility treatment and featured in The Independent (13 July 2018) and The Times (14 July 2018).

XX v Whittington Hospital NHS Trust [2017] EWHC 2318 (QB), being the first legal case in the UK in which the High Court awarded damages to a woman for altruistic UK surrogacy and fertility treatment following a delay in detecting cancer in smear tests and biopsies. This case marks the cross-section of fertility, family and medical negligence law. It highlights the importance of fertility, surrogacy and family law aspects when medical negligence renders a woman infertile and unable to carry a pregnancy. Louisa Ghevaert gave expert evidence in this case.

Melanie and Robert Gladwin, helping them to save their frozen embryos from destruction and winning a high profile last minute change to the law in relation to embryo storage in September 2009.  Louisa Ghevaert was subsequently featured as The Times Lawyer of the Week (1 October 2009) and Law Society Gazette Lawyer in the News (17 September 2009).

In the News:

Emily Hartridge: Life you just can’t plan for it – (Fertility Road Magazine, 17 July 2019).

Rachael Bland’s fight to preserve her fertility is a battle fought by many modern women (Female First, 7 September 2018).

You can read more here.

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