Legal Issues

Question 1

In same sex couples in civil relationship

Answer 1

Both will have parental responsibility
The partner will be the child 2nd parent

Question 2

Parental order?

Answer 2

For a Parental Order to be granted the following are all required:
Both Intended Parents (IP) must be over eighteen
At least one IP must be biologically related to the child
At least one IP must be domiciled in the UK, Channel Islands or Isle of Man
The IPs must be in a stable, long term relationship. Since April 2010,
unmarried and same sex couples have been able to apply for a parental order

Question 3

Legal issues

Answer 3

You do not have to be married or in a civil partnership to have fertility
treatment. (woman and partner need to provide the right consents)
For married couples, the current law states that the husband is
automatically recognised as the legal father of a child born as a result of
treatment.
Since 6 April 2009, the same principle will apply for lesbian civil
partners, so that the partner of the woman who gives birth will
automatically be recognised as the legal second parent.
However, for both civil partners and married couples using donor sperm
or embryos in their treatment, if the husband or civil partner explicitly
states that they do not give consent to their partner’s treatment, they will
not be the father or second parent. There is a section in the consent forms
that asks this question.
Anyone undergoing Donor Sperm/ Egg/ Embryo/ Surrogacy needs formal
Counseling called Implications counselling.
Time to explore how you feel, to consider the needs and legal rights of
donor-conceived children.

Question 4

Sonar egg issues?

Answer 4

Donor criteria female
— Current professional donor guidelines state that eggs should not be taken from egg donors aged 36 or over.
— It is a legal requirement for written consent to be obtained from the egg donor and documented for the use of donated eggs in treatment.
Receive compensation of up to £750 per cycle of donation, to reasonably cover any financial losses incurred in connection with the donation, with the provision to claim an excess to cover higher expenses (such as for travel, accommodation or childcar

Question 5

Surrogacy

Answer 5

Patients seeking a surrogacy arrangement should be advised that surrogacy contracts are unenforceable.
— They should also be advised to seek their own legal advice.
— Surrogacy law is complex and the HFEA advises anyone wishing to enter
into a surrogacy arrangement to seek specialist legal advice.
— In UK the BIRTH mother is regarded as the LEGAL parent. If she is
married, her partner will be the LEGAL father (Unless he specified he was
objecting to her being a surrogate beforehand)
— In UK voluntary organizations such as Surrogacy UK allow prospective
parents looking for a surrogate to become members and post their request for a surrogate.