Family Law & Fertility Law Blog | Louisa Ghevaert Associates

The future of IVF and surrogacy in the US if Roe v Wade is overturned

The recent leak of a draft opinion from the US Supreme Court in the case of Dobbs v Jackson Women’s Health has raised many questions about the future of reproductive rights and freedoms in the US. The leaked draft ruling suggests it could overturn a 50-year-old precedent (Roe v Wade) establishing abortion rights in the US. If so, it would restrict the rights and reproductive freedoms of millions of women and raise questions about the future of assisted reproductive technologies (‘ART’) including IVF and surrogacy in some US states, triggering restrictive US State Laws that extend legal protections to embryos. This would in turn call into question the legality of embryo research, growing embryos in the lab, genetically testing embryos, embryo freezing and disposal of embryos.

Fertility Law Reform in the UK: What Needs to Change?

The government has tasked the Human Fertilisation and Embryology Authority (HFEA) to review and make recommendations for fertility law reform in the UK. The HFEA hopes to reach an outline agreement with the Department for Health and Social Care before the end of 2022 on what needs to change. In doing so, the HFEA has identified three key areas of the Human Fertilisation and Embryology Act 1990 which are in need of reform to take better account of (1) patient protection, (2) scientific developments and (3) consent, data sharing and anonymity. However, there are still many complex issues which require careful thought and debate in terms of further fertility law reform in the UK. A balance needs to be struck which enables us to take greater account of ongoing rapid developments in science, medicine and reproductive technologies and the needs of patients, whilst at the same time does not deliver overly onerous and restrictive fertility law and governance in the UK moving forward.

Changes to Egg and Sperm Donor Anonymity Law in the UK

The chief executive of the Human Fertilisation and Embryology Authority (HFEA), Peter Thompson, has this week (23 May 2022) announced that the HFEA is considering removing donor anonymity for egg and sperm donors in the UK. Under existing law, registered egg and sperm donors who donate through fertility treatment at UK licensed fertility clinics remain anonymous until the donor-conceived child reaches eighteen under a system known as ‘identity release’ donation. However, this is now under review as part of the HFEA’s current review of UK fertility law and its formulation of recommendations for fertility law reform to be put before government. In doing so, it reflects the growing popularity of direct-to-consumer DNA tests which are increasingly undermining donor anonymity in the UK and worldwide.

Expert Witness Fertility Law: Claims for IVF, Donor Conception and Surrogacy

Individual fertility is precious and fragile. It can be unexpectedly lost or impaired when problems arise during surgery or fertility treatment, pregnancy and birth as well as following delays in detecting medical issues or misdiagnosis of conditions like cancer. This can give rise to complex legal claims for costs of IVF, donor conception and surrogacy within medical negligence proceedings. Our expert witness fertility law service can provide written reports and expert evidence which identifies and assesses the relevant legal issues in individual cases and quantifies the costs of family building through assisted conception to assist claims for damages. This can help ensure future family building or family expansion and completion.

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