Family Law & Fertility Law Blog | Louisa Ghevaert Associates

Lessons To Be Learned By The Fertility Sector From the Infected Blood Scandal & Inquiry

Louisa Ghevaert was pleased to attend a Progress Educational Trust Event on 26 February 2025 "What Can The Fertility Sector Learn From The Infected Blood Scandal And Inquiry?". The Contaminated Blood Scandal was one of the worst health scandals in the UK from the 1970s - 1990s, resulting in thousands of deaths from infected blood transfusions and blood products. This event looked at the similarities between fertility (eggs, sperm and embryos) and blood, the findings of the Infected Blood Inquiry in the UK and the lessons to be learned across the fertility sector to ensure optimum patient safety and care. Given rapid advances in reproductive medicine and growing demand fro fertility treatment, it is more important than ever to maximise reproductive choice, optimise care and protections and make informed decisions about pathways to parenthood.

Can Genetics Impact Fertility?

A medical study in the last year has found that genetic defects affect half of all infertility cases.(1) This brings into focus the significance of genetics for family building purposes in terms of fertility, conception, pregnancy and birth (and not just from a disease and health perspective). This can make it important to consider a range of genetic, medical and legal questions with geneticists, clinical and legal professionals. Should I undergo genetic testing to see if I might have difficulties with pregnancy or pass a genetic disorder on to my child? Should I undergo genetic counselling before conception? Should I get my embryos genetically screened before implantation? Should I undergo fertility preservation treatment? How can I maximise my chances of successful conception, birth or family completion? How can I maximise my prospects of having a genetically related child? Should I undergo prenatal testing? How can I legally protect my stored eggs, sperm and embryos? How can I successfully navigate fertility treatment law in the UK? What will happen to my stored eggs, sperm or embryos and my genetic legacy if I die?

Declaration of Parentage: Resolving Birth Registration, Parental Status & Identity

We are currently seeing heightened levels of uncertainty and change around the world, ranging from economic challenges to seismic shifts in geopolitics and rapid developments in artificial intelligence, on-demand digital technology, genetics and DNA testing, precision healthcare and assisted reproduction. These can impact all stages of the life cycle from pre-conception through pregnancy, birth, family life and end-of-life care. This evolving landscape can create complex issues about family formation, personal identity, birth registration, legal and biological parenthood, genetic and health issues and relationships with family and relatives. In turn, this can require effective legal strategies to address issues about personal identity, genetic testing, legal and biological parentage, birth registration and family dynamics.

Judicial Warning & Naming 0f Serial Sperm Donor ‘Who Fathered 180 Children’

In a recently published family law case In the Matter of D [2023] EWFC 333, His Honour Judge Jonathan Furness KC took the unusual step to publicly name a serial sperm donor and warn the public and vulnerable women seeking to get pregnant of the dangers of unregulated private sperm donation. This followed a highly contested 2-year legal battle, described as a 'nightmare' and 'horror story', between a female same-sex couple and a prolific sperm donor who applied to court to be named on the child's birth certificate, obtain parental responsibility and contact with the child.

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