Category: Modern family law

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19
Jul
2022

Blog, Louisa Ghevaert, Modern family law, Parenting law

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.

19
Jul
2022

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

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.

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.

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