Understanding Fertility Law

The UK’s fertility laws are primarily governed by the Human Fertilisation and Embryology Act 1990, which has been updated over time to reflect modern family structures and medical advancements. The Human Fertilisation and Embryology Authority (HFEA) regulates fertility clinics and ensures that all procedures are carried out ethically and legally. Clinics must be licensed, and treatments are subject to strict consent requirements.

One of the most complex areas is legal parenthood. In the case of IVF or donor conception, the law determines who is recognised as the legal parent(s) of the child. For example, sperm or egg donors have no legal rights or responsibilities towards any resulting child. However, in surrogacy arrangements, the surrogate is considered the legal mother at birth—regardless of genetic connection—and intended parents must apply for a Parental Order to become the legal parents. This process can be lengthy and requires meeting several legal criteria, including the surrogate’s full consent after birth.

Same-sex couples and single individuals also face unique considerations under UK fertility law. While the legal landscape is becoming more inclusive, it’s vital to ensure all agreements and procedures are handled with proper legal advice to avoid potential disputes later on.

Fertility law is not just about regulation—it’s about safeguarding the rights and well-being of everyone involved. The emotional and financial investment in starting or growing a family through assisted conception is significant, and legal clarity provides peace of mind during what is often a deeply personal journey.

At CP Law Associates, we understand the sensitive nature of fertility issues and the importance of getting it right. Whether you’re considering IVF, entering a surrogacy agreement, or navigating donor arrangements, we’re here to guide you every step of the way.

Get in touch with CP Law Associates today for clear, compassionate legal advice tailored to your situation.