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19
Jul
2022

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

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.

11
Jul
2022

Trends in fertility treatment in 2022

Recent statistics published by the Human Fertilisation and Embryology Authority (‘HFEA’) in May 2022 brings into focus (1) the delay that many fertility patients continue to experience in starting treatment, (2) the decrease in egg and sperm donations in the UK during the pandemic and (3) the need for an overhaul and increased resources to help tackle the serious delays women face accessing gynaecology services in the UK. Moreover, recent news that the human genome can now be sequenced for as little as $100.00 creates new opportunities and challenges for fertility treatment delivery and will require a paradigm shift in our thinking, leadership and approach to law, policy and regulation.

28
Jun
2022

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.

24
Jun
2022

Progress Educational Trust’s 30th Birthday Party

Louisa Ghevaert was delighted to attend Progress Educational Trust's 30th birthday party at The Royal Society of Medicine in London on Wednesday 22 June 2022. PET's 30th birthday party, which was sponsored by Ferring Pharmaceuticals, was very well attended by a community of leading experts and supporters from across the fertility, medical, scientific, academic and legal sectors. Speeches were delivered by Baroness Ruth Deech DBE and PET Trustee Professor Robin Lovell-Badge CBE. As part of its 30th birthday programme, PET Director Sarah Norcross also announced the publication of an illuminating wide-ranging nationwide Ipsos study measuring public opinion and understanding about fertility, genomics and embryo research.

20
Jun
2022

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

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.

08
Jun
2022

Declaration of parentage: confirming family ancestry and biological parentage following adoption

The recent family law case of Ms L; Ms M (Declaration of Parentage) [2022] EWFC 38 determined fundamental questions about ‘who is my parent?’. The legal proceedings concerned applications by two women who had been adopted as babies and whether decades later they could obtain declarations of parentage to resolve their family ancestry, confirm the identities of their biological fathers and rectify their original birth certificates to add the name of their birth father. In making these applications, the two women gave compelling evidence about the importance of obtaining declarations of parentage notwithstanding being adopted to resolve their personal identities and lineage, aid their long-term psychological welfare and acquire dual citizenship.

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.

27
May
2022

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

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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