Category: Parenting Law - Page 10

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07
Jun
2022

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

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.

24
May
2022

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.

18
May
2022

Expert Witness Fertility Law: Claims for IVF, Donor Conception and Surrogacy

Individual fertility is precious and fragile. It can be unexpectedly lost or impaired when problems arise during surgery or fertility treatment, pregnancy and birth as well as following delays in detecting medical issues or misdiagnosis of conditions like cancer. This can give rise to complex legal claims for costs of IVF, donor conception and surrogacy within medical negligence proceedings. Our expert witness fertility law service can provide written reports and expert evidence which identifies and assesses the relevant legal issues in individual cases and quantifies the costs of family building through assisted conception to assist claims for damages. This can help ensure future family building or family expansion and completion.

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