Family Law & Fertility Law Blog | Louisa Ghevaert Associates

Declaration of parentage: the importance of identity, status and birth certificates

In X v Y [2022] EWFC 77, the applicant applied to the English Family Court for a declaration of parentage following a 35-year search for her biological father to resolve issues relating to her identity and her birth certificate. In granting the application, the court navigated complex legal issues and drew inferences from the respondent’s refusal to undergo DNA testing and lack of opposition to the application. As such, X v Y [2022] EWFC 77 brings into close focus the importance of identity, status and parentage and the re-registration of birth certificates to provide properly maintained records not just for the benefit of individuals but for the public as well.

Conceiving with Donor Sperm: What Could Go Wrong?

Demand for donor sperm has increased in recent years. This has been driven by growing numbers of single women and same-sex couples undergoing assisted conception. Added to this, male sub-fertility and infertility rates now stand at around 10 – 15 percent. Furthermore, there has been a shortage of sperm donors in the UK for many years. As such, increased demand together with the time, commitment and costs of undergoing licensed fertility treatment with donor sperm is leading to growing numbers of women looking for a sperm donor online.

Trends in fertility treatment in 2022

Recent statistics published by the Human Fertilisation and Embryology Authority (‘HFEA’) in May 2022 brings into focus (1) the delay that many fertility patients continue to experience in starting treatment, (2) the decrease in egg and sperm donations in the UK during the pandemic and (3) the need for an overhaul and increased resources to help tackle the serious delays women face accessing gynaecology services in the UK. Moreover, recent news that the human genome can now be sequenced for as little as $100.00 creates new opportunities and challenges for fertility treatment delivery and will require a paradigm shift in our thinking, leadership and approach to law, policy and regulation.

US Supreme Court overturns Roe v Wade: what does this mean for reproductive rights and freedoms?

On Friday 24 June 2022, the US Supreme Court delivered its retrograde decision in the case of Dobbs v Jackson Women’s Health, overturning the 50-year-old precedent (Roe v Wade 1973) which established abortion rights in the US. This decision matters because it marks a serious step backwards for rights to choose pregnancy and motherhood and bodily autonomy for millions of US women. This legal ruling also matters from a wider reproductive, medical, scientific, economic, health and social care perspective. It creates uncertainty about the future of assisted reproductive technologies (‘ART’) including fertility preservation, IVF and surrogacy in some US states.

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