National Fertility Awareness Week 2022

It’s National Fertility Awareness Week and this year’s theme is #Fighting4fertility. The aim of Fertility Network UK’s week of action is to make sure that fertility is talked about more openly in order to raise awareness, ensure that people touched directly or indirectly by infertility (which is likely to be most people!) have the information they need and to push for change in a number of areas.

As a family lawyer I work with people who are dealing with fertility challenges and those who have become parents via alternative routes. It is clear to me that the fertility law framework is one aspect which needs to be discussed more widely so that the general public are aware of its complications and limitations and to drive forward the need for reform in some areas.  

Legal parentage

There seems to be a lack of public knowledge surrounding fertility law and many clients understandably struggle to grapple with the legal position in addition to their personal fertility challenges. Many have limited understanding of what steps they might need to take to ensure that their longed-for children are legally recognised as theirs and this can lead to some very complicated and emotionally difficult circumstances. By way of example, there are specific rules relating to who a child’s legal parent is in situations where they are conceived via artificial insemination which depend on where the insemination took place and whether the person who gives birth to that child was married at the time of conception.  Similarly, if you have a child using a surrogate, the surrogate will always be the child’s legal mother on birth even if they have no genetic link to that child. In addition, if the surrogate is married or in a civil partnership, their partner will automatically be the child’s other legal parent. The child’s intended parents, who are often genetically linked to that child, therefore have to apply for a court order (a process which involves filing detailed documentation and attending court hearings) to formally recognise their legal relationship and obtain parental responsibility for that child. This comes as a surprise to a lot of people who expect the process to be much more streamlined as it is in other countries.

Fertility education

As Fertility Network UK recognises, fertility education is a key aspect in transforming awareness of fertility and its challenges. This National Fertility Awareness week they are calling for comprehensive #fertilityed for teenagers and young adults. I would advocate for fertility law to be part of that curriculum so that the legal implications of decisions and any additional steps which may need to be taken are clear from the outset, particularly when the legal framework is often so complex.  

Reform

In addition to education, it is clear that certain aspects of fertility law need to be streamlined for the benefit of those struggling with fertility issues and their children and there have been calls for reform of various aspects of fertility law for a number of years. There are often valid public policy reasons for additional legal hurdles being put in place and in certain areas, there will always need to be some element of regulation, but it is clear that change is needed.

After widespread campaigning restrictive egg, sperm and embryo storage rules have been extended which is a big step forward in preserving fertility options for individuals and is evidence that bringing matters to the public’s attention and seeking support can effect change. Another key aspect of much needed reform is the framework surrounding surrogacy. Despite some piecemeal developments, for example reforming the law to allow single applicants to apply for a court order confirming that they are the legal parent of a child born via surrogacy (when previously an applicant had to be part of a couple), the current law remains out-dated, complex and overly burdensome. The Law Commissions of England and Wales and Scotland published a comprehensive report on surrogacy reform in 2019 following a long consultation and has made some initial recommendations for change. These include creating a new surrogacy pathway which will allow intended parents to be the legal parents of a child born via surrogacy from birth. The Law Commission is currently working on its final proposals for report but this has unfortunately been delayed on a number of occasions.

In the current economic and political landscape, it is anticipated that the wheels of change may still turn only very slowly and for millions of families in the UK, that is just not good enough. In #fighting4fertility during National Fertility Awareness week and seeking to highlight this issue we can hopefully ensure that proper, wholesale reform remains high on the political agenda for the benefit of families across the UK.

Learn more about National Fertility Awareness Week

FURTHER INFORMATION

If you have any questions about the topic of this blog,  please contact Connie Atkinson, Sarah Dodds or a member of our family team.

ABOUT THE AUTHORS

Sarah Dodds is a Senior Associate in Kingsley Napley’s family and divorce team, where she specialises in complex divorce and financial work as well as private children cases. Her practice includes all aspects of private family work and the majority of her clients have international connections. Sarah specialises in divorce and matrimonial finance disputes, including in particular those which contain complex pension issues.