Starting a family can be incredibly exciting, but also very stressful if you are undertaking fertility treatment or seeking the assistance of a surrogate. As well as the usual anxieties that people have when they think about becoming a parent, if you are taking a more progressive path there can be many legal implications.
We have specialist fertility solicitors within the team that have experience in helping families going through surrogacy or fertility treatment. They can help you understand all the legal implications of your choices and ensure your family is legally protected.
Surrogacy
It is very important that you obtain legal advice from surrogacy solicitors if you are considering a surrogacy arrangement as, despite what the law may be in the country where your surrogate is, in the UK the legal mother will always be the surrogate and if the surrogate mother is married or in a civil partnership, her partner will be the second legal parent.
Our surrogacy solicitors can assist you in changing that so that you become the legal parents and the surrogate’s legal status is extinguished. If your baby is conceived abroad, we can also help you with immigration law as you may need special entry clearance to bring your baby back into the UK following the surrogacy arrangement.
We are aware that surrogacy arrangements can be expensive and our solicitors work with our clients to agree a fixed fee service to suit them, be that full representation until the parental order is obtained or by assisting them in preparing their case so that they feel confident to represent themselves at court hearings.
Donor conception
If you are considering becoming a donor or conceiving with the assistance of a donor it is important you ascertain who will be the legal parents of the child conceived.
If you donate your eggs, you will have no legal rights to the child as the person carrying the child will be the legal mother. However, the position is not as simple if you are a sperm donor or you intend to use donated sperm. When, where and how the sperm is donated are also important considerations and you could find that the donor has legal rights or he has no rights in circumstances where you would like him to.
Our solicitors can help guide you through all complex legal matters concerning donor conception matters.
Sperm Donor Agreements and co-parenting agreements
A Sperm Donor Agreement or Sperm Donor Contract is an agreement between the donor and recipient outlining how the sperm will be used. Entering into a donor agreement is particularly important as it invites the donor and recipient to reflect on all the issues donor arrangements can create and allows you to turn your mind to them before any pregnancy.
Co-parenting is the term increasingly used where single people or couples decide to raise a child together outside of a relationship. You should ensure the appropriate people have parental responsibility and enter into a co-parenting agreement to confirm the arrangements for the child which will hopefully avoid future disputes.
Why use Trethowans?
Our Family team are one of the few family law teams in the country with real experience of supporting families embarking on surrogacy arrangements or fertility treatment. Their specialist and practical knowledge is invaluable at guiding you through the legalities of such arrangements.
The team are members of Resolution, which follows a Code of Practice to ensure that your personal circumstances are dealt with in the most dignified and constructive manner.
We offer a free initial consultation to help you consider your options without obligation.
If you need to expert advice, please contact our team today on 0800 2800 421.
