Assisted reproduction, fertility treatment, donor conception and coparenting

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Our leading fertility lawyers provide expert legal advice on all forms of assisted reproduction, fertility treatment, donor conception and co-parenting to help you create and protect your family.

You've always wanted to have a baby, but you know that the traditional route is not for you. Maybe you're single and ready to mingle with a sperm donor, or maybe you're in a same-sex relationship and need an egg donor or a surrogate to help you conceive. Or maybe you're part of a co-parenting network, where you and another person (or more) agree to have and raise a child together, without being romantically involved. Whatever your situation, you're not alone. More and more people are choosing to create their families through assisted reproduction and co-parenting, and they're finding joy and fulfilment in doing so.

But there's more to it than just picking a donor or a co-parent from a catalogue and signing on the dotted line. The laws around fertility and parenthood are complex and constantly changing, and they can affect your rights and responsibilities as a parent, as well as your child's welfare and identity. That's why you need expert legal advice from people who understand the ins and outs of these new and exciting ways of making babies.

We're here to help. Our team of leading fertility lawyers have the knowledge and experience to help you navigate the legal aspects of your fertility journey, from conception to birth and beyond. We can help you plan ahead and protect your interests, whether you're using a donor, a clinic, a surrogate, or a co-parenting arrangement. We can also help you deal with any legal issues that may arise along the way, such as disputes over embryos, parental rights, or co-parenting agreements. And if your relationship breaks down, we can help you sort out the best outcome for you and your child.

We know that every family is unique and we treat each case with sensitivity and care. We're not just lawyers, we're also parents, donors, and co-parents ourselves, so we know what you're going through. We're passionate about helping people like you achieve their dream of having a family, and we'll do everything we can to make it happen.

What you need to know

In the UK, the individual who gives birth to a child is recognised as the legal mother. Determining who else holds legal parental status depends on several factors including the method of the child’s conception, the marital or civil partnership status of the legal mother, whether conception occurred at a licensed UK fertility clinic, and which consent forms were signed before treatment. Under certain conditions, even if unintended, a sperm donor might be recognised as a legal parent.

Legal parentage has significant implications for various aspects of both the parents’ and child’s lives, such as citizenship, inheritance rights, parental duties and financial obligations toward the child.

Our services provide guidance to prospective parents and donors on navigating these complexities at different stages, from offering advice on completing necessary forms for treatments at licensed UK fertility clinics to drafting pre-conception agreements, as well as post-birth matters.

Individuals who are not legally recognised as parents still may have legal avenues to pursue parental responsibilities or apply for child arrangement orders (usually known as residence or contact orders).

We understand that complications often arise in times of conflict. Our assistance extends to resolving disputes concerning legal parentage, disagreement on the fate of stored embryos, or situations where an agreed donor wishes to take an active role in the life of the child. 

Recent experience

  • Providing guidance to the former partner of a child’s legal mother who was in a relationship (not through marriage or civil partnership) at the conception time but did not fill out the necessary consent paperwork at a licenced fertility clinic in the UK for legal parentage. The ex-partner was later named on the child’s birth certificate. We suggested proceeding with a declaration of non-parentage and also filing for parental responsibility and a child arrangements order to maintain contact with the child.
  • Advising a single mother planning to have a child and co-parent with a friend using fertility treatment.
  • Representing a renowned fertility clinic involved in multiple reported instances where unmarried couples who had conceived using a sperm donor encountered issues with consent forms needed for becoming legal parents. Cases involved disputes post-separation over legal parentage.
  • Advocating for a mother seeking a parentage declaration after IVF with her former same-sex partner, due to complications with the consent forms at a UK fertility clinic. Legal parentage uncertainty arose years following the child's birth. We managed to secure an agreement from the clinic to cover the mother’s costs for the parentage action. This not only provided certainty for her child but also allowed her to seek child support from her former partner. 

Ready to talk to us?

Our team of specialist family lawyers are here to support you if you're facing issues related to assisted reproduction, fertility treatment, donor conception and coparenting. Speak to our team today. 

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Our fertility lawyers

Our lawyers are passionate about helping people achieve their family goals and have a wealth of knowledge and expertise in this area. Whether you're single, married, or in a relationship, we can tailor our services to suit your needs and circumstances.

Navigating issues around who will be treated as a legal parent (which is not always who you intend) and what involvement in your child’s life everyone will have can be tricky and we can help you address the issues whenever they arise. We also know when couples separate there can sometimes be issues around what should happen to any stored embryos. 

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Assisted reproduction, fertility treatment, donor conception and co-parenting FAQs

Marriage or civil partnership with consent means the location of treatment is irrelevant; your spouse or partner will legally be the child's parent. Without such a union, the sperm donor is the legal father unless conception occurs at a licensed UK clinic with completed consent forms.

For married or partnered women with consent, their spouse or partner is the second legal parent. Otherwise, the sperm donor is regarded as the legal father.

Consent form problems can occur; we offer guidance on resolving legal parentage conflicts, including applications for declarations and steps to ensure recognition of legal parents. At times, clinics may cover legal costs.

Currently, only a legal mother and another legal parent or father are recognsed in England and Wales.

If disagreements arise over the donor's involvement, they must seek a court-ordered arrangement. Courts decide based on the child's best interest, which can vary from no contact to some level of involvement, despite any pre-conception agreements.

A birth certificate doesn't define legal parenthood. For disputes, you can seek a declaration of parentage in court to amend the birth certificate's details.

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