Category: fertility law

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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.

31
May
2022

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

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.

27
May
2022

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

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.

24
May
2022

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

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.

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