Category: Modern Family Law - Page 15

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07
Jun
2022

Blog, Donor conception law, Modern Family Law, Parental Responsibility 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.

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.

16
May
2022

Blog, Donor conception law, Embryo Law, Fertility Law, Louisa Ghevaert, Modern Family Law

Netflix’s “Our Father”: DNA testing, paternity disputes and questions about biological and legal parentage

Netflix’s new 2022 documentary “Our Father” powerfully portrays real-life stories of those who discover through direct-to-consumer DNA testing that their biological father was a well-known fertility doctor and a secret serial sperm donor for over 30 years. The documentary is compellingly told from the perspectives of the donor conceived individuals and their families who learn that their fertility doctor secretly replaced anonymous sperm samples and couples’ own sperm samples with his own. It also shines a light on some of the legal issues and wider implications associated with at-home DNA testing, paternity disputes and emerging concepts of fertility fraud.

29
Apr
2022

Blog, Fertility Law, Louisa Ghevaert, Modern Family Law, Parenting Law

Undergoing Fertility Treatment in the Workplace and Fertility Law Reform

Undergoing fertility treatment can be a challenging exercise and it can create all sorts of practical and legal difficulties for workers. This is because the period when workers are undergoing fertility treatment (but not yet pregnant) is not adequately catered for in law. Instead, legislation giving workers’ legal rights and protections is focused around being pregnant and then having a baby. This can leave workers undergoing fertility treatment in difficult situations. As a result, fertility law reform is needed in the UK and more needs to be done to support those undergoing fertility treatment in the workplace and to improve workplace culture.

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