A dedicated legal service to future parents
Giles Wilson is a specialist adviser on all aspects of law regulating fertility treatment, providing a comprehensive service to current and future parents looking to protect their family.
Assisted Reproduction has increased in use over recent years for individuals and couples trying to start a family. As well as being an emotionally and financially difficult time for families, fertility treatment also brings with it its own set of complex legal issues that couples need to be aware of. We are dedicated to helping you with all areas of fertility treatment and the legal impact it may have on your family.
Establishing parental status
Guaranteeing your status as a parent can be a complicated process that depends on your relationship and the type of treatment you are using. That’s why we tailor our advice to your individual family circumstances.
For those in a marriage or civil partnership, there is a legal presumption that you will both be parents. Couples that are single according to the law (those not in a legal, formal partnership), however, do not automatically have the same rights. By providing advice and guidance to couples prior to treatment, we can help to ensure that parenthood status is achieved.
We can also help to clarify the position of couples that have already had treatment and are concerned as to their parenthood, helping them take the necessary steps to clarify their position and achieve a Declaration of Parentage through Court.
If you’re an intended parent using a surrogacy agreement, we can advise you on obtaining status as a parent. Whilst surrogacy agreements are unenforceable in England and Wales and the negotiation of arrangements for fees is prohibited, parental status can be gained through parental orders obtained through the Court. There was previously a strict six-month time limit for the Order from the date of the child’s birth but this has now been relaxed in light of a recent Court decision.
If you are an individual or same sex couple considering fertility treatment with a known donor, there are additional concerns, such as parenthood status, Child Arrangement Order rights and potential disputes that you need to take on board in undergoing fertility treatment. By taking independent legal action prior to treatment, you can openly discuss these issues and clarify individual roles in the future family as well as other important matters such as financial support. We can advise on co-parenting agreements that ensure everyone involved with the treatment is clear and happy with their role in the future of the child.
Unfortunately, despite the best efforts of everyone involved, families that have used fertility treatment can break down. If this happens, Giles Wilson can advise individuals on arrangements for the future and the rights and responsibilities of all involved.
New government legislation means that parents who have had a child born through a surrogacy arrangement after 5th April 2015 are now granted legal rights. For more information on how we can provide expert advice and guidance on your rights to parental leave, click here.
Having successfully completed fertility treatment and formed a family, it is essential to consider how your new child will be cared for in the event of a death. As part of our comprehensive service to clients, we can also advise you on the various options open to you and help you draft a will that takes all eventualities into account and ensures your family is looked after. For more information on how Giles Wilson can help you to draft or rewrite your will, click here.