Category: Donor conception law

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28
Jun
2022

Blog, Donor conception law, embryo law, fertility law, international surrogacy law, Louisa Ghevaert, Parenting law

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.

20
Jun
2022

Blog, Donor conception law, embryo law, fertility law, Louisa Ghevaert, Modern family law

Egg, sperm and embryo freezing: what could go wrong?

Egg, sperm and embryo freezing can help preserve and maximise individual fertility. However, it is not a failsafe way to guarantee conception and delivery of a much-wanted baby. There are a variety of practical and legal issues to consider. Not freezing gametes and embryos at all, delaying collection and freezing and failing to build up sufficient reserves of frozen eggs, sperm and embryos can undermine your chances of successful family building. Failing to consider the legal aspects which govern the storage and use of frozen eggs, sperm and embryos in fertility treatment can also create unwanted problems and even prevent their use in treatment.

15
Jun
2022

Blog, Donor conception law, embryo law, fertility law, Modern family law, Parenting law

DNA testing, parentage disputes and the law

DNA testing can create unexpected issues and outcomes that have a far wider impact on people’s lives than they ever imagined. They can include unforeseen discoveries about conception, maternity and paternity, unknown siblings and relatives. They can also uncover family secrets and stories of loss and infidelity, as well as IVF mix-ups, fertility fraud, donor conception and adoption that can upend the lives of individuals and families. In turn, these discoveries can result in complex legal disputes about parentage, birth certificates, contact and upbringing of a child, child maintenance and inheritance, negligence as well as evolving issues about the use of personal genetic information. Given the rapidly evolving landscape associated with DNA testing, it is important to obtain specialist legal advice to identify, manage and resolve the complex and far-reaching legal and practical issues and outcomes.

07
Jun
2022

Blog, Donor conception law, Modern family law, Parenting law

Sperm Donor Dispute: Parental Responsibility, Child Arrangements Orders and Fragile X Syndrome

The recent sperm donor dispute case of MacDougall v SW & Ors (sperm donor: parental responsibility or contact) (24 May 2022) highlights the problems that can arise following privately arranged sperm donation in the absence of specialist legal advice and clear expertly drafted bespoke known donor agreements. The case concerned four children whose biological father, James MacDougall, acted as a private sperm donor to women who were all (or had been) in lesbian relationships. Legal disputes arose because Mr MacDougall sought parental responsibility and child arrangements orders in respect of the children against the wishes of their mothers in three linked cases. Unusually, the Judge decided to name Mr MacDougall on public interest grounds, ruling that the public benefit in naming him outweighed the risk of identification of the children.

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