Archive for the ‘donor conception’ Category
Wednesday, June 12th, 2013
The NGA team were delighted to attend the ‘Want to be a parent’ show in Cardiff at the weekend. It was great to meet lots of would-be parents, as well as other exhibitors with one common focus – building families in alternative ways. Whether through donor conception, co-parenting, surrogacy or adoption and whether as a single parent, same sex parents or straight parents, there was something for everyone.
Nicola talked on surrogacy, covering both UK and international arrangements and the associated legal and practical aspects that parents should consider. Other talks included ‘fertility for the over 40s’, ‘adoption and fostering’ and ‘single mothers by choice’ all led by a range of experts in a variety of fields.
We hope to see you there next year!
For more information on how we can help you with any of these family building options contact us here
Posted in adoption, Co-parenting, donor conception, family building, international surrogacy, lesbian parenting, same sex parenting, UK surrogacy | Comments Off
Thursday, May 23rd, 2013
There are many issues to consider for parents considering conceiving with a known donor or co-parent. With a minefield of information to navigate, parents can be left asking: what do we need to know? How do we set things up? How do we avoid problems in the future?
Where conception takes place at a fertility clinic, counsellors can play a key role in answering these questions. In the light of the recent landmark decision on known sperm donation, BICA – the association for UK fertility counsellors – asked NGA to give some guidance on what fertility counsellors need to know about the law on known donation, to help them do their job effectively.
Nicola Scott’s article in the BICA journal gives an overview of UK law and the implications of the case, and explains how early intervention by fertility counsellors can shape known donor arrangements positively by encouraging parents and donors to iron out potential issues and mismatched expectations at an early stage. You can read the full article here
We advise parents on a wide spectrum of arrangements by clarifying not only the legal issues but also the practical aspects which are all too often overshadowed. Please see our donor conception pages for more information, or contact us to discuss your arrangement and options here.
Tags: Co-parenting, donor conception, donors, fertility counselling, known donation arrangements, known donor agreements, known donor disputes, pre-conception agreements
Posted in Co-parenting, donor conception, family building, fertility law | Comments Off
Saturday, February 2nd, 2013
NGA has been contacted by UK patient organisations trying to clarify the implications of the High Court’s ruling, which has allowed two sperm donors to argue in court that they should have rights of contact with their biological children. NGA has been representing the lesbian mothers in this case.
The ruling received a lot of press attention yesterday (including on the front page of the Daily Mail, and in the Guardian, Telegraph, Independent and BBC). Natalie spoke to the Human Fertilisation and Embryology Authority, the British Fertility Society, the National Gamete Donation Trust and the Donor Conception Network – all seeking further information about what to say to patients, donors and donor conceived families who were contacting them.
The HFEA and the BFS have issued press statements in response to the ruling.
We thought it would be helpful to provide a clear summary of what the ruling means for these organisations and others concerned about this:
* The ruling only gave the two donors the right to argue their case in court. It is not yet know whether they will be given any rights of contact with the children.
* The reason for the decision was very fact specific, a result of the fact that the donors were known to the lesbian mothers and had contact with the children in their early months before relationships broke down. The court was satisfied, on the facts, that the donors had sufficient connection with the children to at least justify their cases being heard in court.
* The ruling is therefore exceptionally unlikely to apply to donors who have had no contact with the child – for example unknown donors through licensed clinics.
* However, the ruling could apply to other types of known donors, including known sperm or egg donors who have donated through a licensed clinic, if they can demonstrate sufficient connection with the child in practice. Although in this case conception took place outside a licensed clinic, the law which provided that these men were ‘not to be treated as the father for any purpose’ is the same law which excludes the status of other types of egg and sperm donors.
* The ruling does not in any way affect donors’ responsibilities – it does not make it possible to hold a donor legally or financially responsible for a child they help conceive.
For further information on the case (including the judgment) see our blog. You can also follow us on Twitter for updates.
Tags: British Fertility Society, donor, donor conception law, Donor Conception Network, egg donor, High Court, Human Fertilisation and Embryology, Mr Justice Baker, Natalie Gamble Associates, National Gamete Donation Trust, Re G, Re G (a minor) and Re Z (a minor) [2013] EWHC 134 (Fam), Re Z, sperm donor
Posted in Co-parenting, donor conception, fertility law, Natalie Gamble Associates news, same sex parenting | Comments Off
Thursday, January 31st, 2013
The High Court has today made a landmark ruling, allowing two civilly partnered sperm donors the right to ask for contact with their biological children (against the wishes of the children’s respective lesbian mothers), but also warning that it will consider the need to protect the lesbian families carefully before a final decision is made. NGA is representing the mothers in the case of Re Z, one of the two connected cases.
The ruling has significant implications for same sex parents and families created through donor conception. It is the first case to test rights for same sex parents introduced by Parliament in 2008, which give lesbian mothers the same legal protection following sperm donation as opposite sex parents. Under the Human Fertilisation and Embryology Act 2008, the mothers in this case, as civil partners, are the legal parents of their children. The biological fathers, like sperm donors through clinics, are expressly excluded from being treated as the legal fathers ‘for any purpose’. Relationships broke down after the men each sought more involvement than the mothers agreed. They applied to court, and the court has now ruled that they can have their cases heard.
The court’s decision opens the door to legal claims from sperm donors who want involvement but have no legal parental status. But the judgment also makes it clear that every case will be considered carefully. Donors will not simply be treated as other fathers are, and protecting the primary family is also a material consideration.
Donors will only be able to seek redress on the basis of the the particular facts, where this is justified. In Re G and Re Z, the fact that the donors had had early contact with the children was what persuaded the court that they should at least be allowed to have their cases heard. However, although the court has given the donors ‘leave’ to apply, it does not necessarily follow that they will actually be given any rights of contact, and the court has warned that the underlying legal framework will be a significant consideration, and that the level of contact originally being sought may be considered ‘wholly unrealistic’.
Mr Justice Baker suggested that there was no principle being created of automatic rights for donors to lesbian couples: “I endorse the submissions that the policy underpinning these reforms is an acknowledgement that alternative family forms without fathers are sufficient to meet a child’s need… Thousands of children in this country are being brought up happily and successfully by same-sex couples.”
Going forward, there are some significant lessons for same sex parents (and anyone conceiving through known donation):
Lesbian mothers need to understand that being named on the birth certificate does not give absolute protection. Conceiving with a known donor will always carry some level of risk if things don’t work out as intended, so mothers should be very careful about giving any level of contact unless they are absolutely sure.
Gay fathers who act as known donors need to understand that their legal position may be more fragile and uncertain than they think. Men who want to be fully involved fathers will not have any automatic rights if there is a dispute.
Everyone going into known donation or co-parenting arrangements should be crystal clear about their expectations from the outset. Setting the strongest possible foundations at the start is the best way of avoiding later problems. One way to do that is to put an agreement in place, but the real key is good communication – an agreement is a means to that rather than an end in itself. There is more from our blog on How to Avoid a Known Donor Dispute.
You can read the judgment in full to Re G (a minor) and Re Z (a minor) [2013] EWHC 143 (Fam).
At NGA, we provide leading specialist advice to parents conceiving through known donation, including same sex parents, both male and female, and leading representation to those in disputes. We have worked at the cutting edge of the law, pushing boundaries, for many years, and were instrumental in helping create the rights for same sex parents in the HFE Act 2008. There is more information on our website about known donor disputes and about planning known donation for mothers and for fathers. You can also follow us on Twitter for the latest updates on our work and campaigns.
Tags: dispute, father, gay dads, High Court, known donor, lesbian mums, lesbian parent, lesbian parenting law, Mr Justice Baker, Natalie Gamble, Re G, Re G (a minor) and Re Z (a minor) [2013] EWHC 134 (Fam), Re Z, same sex parent, same sex parenting law, sperm donor
Posted in Co-parenting, donor conception, fertility law, Natalie Gamble Associates news, same sex parenting, Uncategorized | Comments Off
Friday, January 11th, 2013
We are thrilled to have been nominated by G3 magazine for two of their Readers’ Awards. As a team, NGA has been nominated for the Family Provider/Initiative of the Year, while Natalie has been nominated as Diversity Champion of the Year.
Introducing the Awards, G3 says:
“The Awards are designed to showcase those individuals and organisations who have demonstrated an outstanding commitment to the LGBT community. We believe that those who go the extra mile to ensure equality of opportunity and fair treatment for all, deserve to be recognised.”
Thank you so much to the readers who nominated us. The winners will be unveiled at an awards ceremony hosted by Charlie Condou and Sophie Ward in April. If you would like to vote for us to win, you can vote here.
Tags: alternative family, Diversity Champion, donor conception, Family Provider/Initiative, G3 award, gay parent, lesbian parent, Natalie Gamble Associates, UK surrogacy
Posted in civil partnership, donor conception, fertility law, gay men surrogacy, lesbian parenting, Natalie Gamble Associates news, same sex parenting | Comments Off
Tuesday, November 20th, 2012
Natalie was interviewed on BBC Radio 4 Woman’s Hour on Thursday on the topic of private sperm donation. The programme feature NGA client Mark Langridge (the donor who has been pursued for child support by the CSA twelve years after donating his sperm to a lesbian couple) and Laura Witjens, Chief Executive of the National Gamete Donation Trust, with Jenni Murray asking ‘what makes a father’?
You can listen to Natalie on Woman’s Hour here.
At NGA, we advise many prospective parents (and donors) considering a known donation arrangement, helping them to set things up with the strongest foundations.
We sadly also help people whose known donation arrangements have broken down, both representing donors pursued for child support and lesbian and solo parents whose donors seek more involvement than they want.
You can find out more from our website about known donation and about known donor disputes.
Tags: child support, donor agreement, donor dispute, lesbian parent, Mark Langridge, Natalie Gamble, sperm donation, sperm donor, Woman's Hour
Posted in Co-parenting, donor conception, Natalie Gamble, same sex parenting, Uncategorized | Comments Off
Monday, October 29th, 2012
The Guardian has reported the case of NGA client Mark Langridge, who donated his sperm to a lesbian couple who conceived two children in 1998 and 2000. More than a decade on, the lesbian mothers have split and Mark is being pursued by the CSA for maintenance.
Having been advised by NGA solicitor Sarah Wood-Heath, Mark spoke out in the Guardian’s Saturday Money section about the unfairness of the law in holding him financially responsible. The article also quotes Natalie, who was interviewed this week on the story on BBC Radio 5 Live and BBC Radio London.
As specialist lawyers who have advised on cases like these for many years (including the case of Andy Bathie, which received worldwide press coverage back in 2008), we know that the law on this is black and white – whether you are financially responsible depends on whether you are legally the ‘father’.
A sperm donor is the legal father, whether or not he appears on the birth certificate, unless:
- he donates his sperm through a licensed clinic (without planning an ongoing role if he knows the recipients), or
- he donates to a married couple, or
- he donates, after April 2009, to a lesbian couple who are civil partners.
In all other cases (including private donations to single women, unmarried couples and lesbian couples before April 2009) there is no financial protection for sperm donors. It often shocks people to learn that any verbal or written agreement that the donor would have no financial responsibility is completely irrelevant.
Should the law be changed? Mark Langridge certainly thinks so. The law is particularly cruel in his case, since in 1998 and 2000 it would have been difficult for him to have donated to the mothers via a clinic to give him financial protection, and the law did not then (as it now does) hold both lesbian mothers legally and financially responsible.
The key message to others has to be to take great care before acting as a private donor. Make sure you structure things to protect yourself (by only donating to a married/civilly partnered couple or via a clinic) or at the very least that you understand the risk you are taking. There is more on our website about being a known sperm donor.
Tags: child support, CSA, donor agreement, financial responsibility, known donation, known donor, lesbian parents, Mark Langridge, Miles Brignall, same sex parents, sperm donation, sperm donor, sperm donor law, Sunday Mail, The Guardian
Posted in donor conception, fertility law, lesbian parenting, Natalie Gamble Associates news, Parenting Law, same sex parenting | Comments Off
Friday, September 7th, 2012
The UK’s regulator of fertility treatment, the HFEA, undertook a wide ranging public consultation last year, which looked at the barriers and motivations to egg and sperm donation in the UK. The review uncovered numerous barriers to donation, some which could be removed through regulation and others which could not be as easily tackled. It is these issues which sit outside of traditional regulation that have led the Authority to set up a national strategy group to find new ways of tackling obstacles to sperm and egg donation.
The HFEA aims were to use their unique position as the national regulator to bring together a wide range of experts to come up with new approaches to raising awareness of donation and improving the care of donors in the UK.
Helen is really pleased to have achieved a place on this valuable group that will make a real difference to the future of sperm and egg donation and the effects upon donors, future parents and ultimately the donor conceived children.
The three core objectives of the group will be to:
1. increase awareness of donation and the information that donors receive
2. improve the ‘customer service’ that donors receive when they contact clinics
3. help donors provide better information about themselves for future families
The HFEA aims to bring together a group of people with diverse experiences, including non-licensed donation services, people with experience of blood, organ or tissue donation, as well as those with experience of sperm and egg donation. This includes people with interest in the welfare of donors, patients and donor-conceived people.
We would love to hear from any donors, future parents or donor conceived to pass on their views to the donation strategy group. Please don’t hesitate to be in touch with us at [email protected]
Click here to read the members of the group
More information can be found on our website at donor conception and co-parenting as well as eggs, sperm and embryos.
Tags: donor agreement, donor conception, donor conception law, donor insemination, embryo law, fertility law, Helen Prosser, HFEA donation review, Human Fertilisation and Embryology Act
Posted in donor conception, family building, Uncategorized | Comments Off
Tuesday, August 7th, 2012
Sarah Wood-Heath has written an article for lesbian magazine G3 about known donor disputes, and the recent Court of Appeal decision to award contact to a biological father who donated his sperm to a lesbian couple.
Although every case in the family court is fact specific (and the court made it clear that the only binding principle it was setting was that the child’s welfare should be paramount), it is a decision which has changed the trend of previous case law, which has always been to protect the integrity of the lesbian family unit against any claims from the donor. We have yet to see how significant it may be in future known donation disputes.
You can read Sarah’s G3 article in full or find out more and known donor disputes from our website.
Tags: Court of Appeal, donor agreement, donor conception, donor conception law, donor insemination, fertility law, fertility lawyer, G3 magazine, gay parenting, known donor dispute, known sperm donor, law, lesbian, lesbian parenting, preconception agreement, same sex parenting law, Sarah Wood-Heath, sperm donation law, sperm donor law
Posted in Co-parenting, donor conception, fertility law, lesbian parenting, same sex parenting | Comments Off
Monday, May 28th, 2012
Sarah Wood-Heath was interviewed on Gaydar Radio on Saturday morning about same sex parenting and the options and pitfalls for gay and lesbian parents starting a family.
Talking to Neil and Debbie on the Saturday morning breakfast show (as Britain’s answer to Ally McBeal!), Sarah explained how surrogacy works for gay fathers, and the differences between a surrogacy arrangement in the UK or abroad. Careful planning is the best way of avoiding legal problems, especially for gay dads planning international surrogacy, given the immigration issues and the fact that UK law won’t recognise a foreign birth certificate naming you both as the parents. Sarah was also asked about the options for lesbian couples, discussing the pros and cons of using a known or unknown sperm donor, and the need to set things up in the right way.
Although the law has become much more gay-friendly in the last few years, so much is still so untested, including what happens where relationships break down and who has rights and parental status when gay or lesbian parents break up or get divorced.
The good news is that there are so many options available now for same sex couples and single gay and lesbian parents – adoption and co-parenting are also on the list. While the law still has a little way to go, it is evolving to try and keep up and it is now much easier for same sex couples or singles to find a way to start a family. It’s just a question of knowing your options and making an informed decision so you make the right choice for you. With good advice it needn’t be complicated.
There is more information on our website for gay and lesbian parents at www.nataliegambleassociates.com. You can also check out the Gaydar Radio website at www.gaydarradio.com.
Tags: 26 May 2012, Ally McBeal, Co-parenting, commercial surrogacy, donor agreement, donor conception, donor conception law, donor insemination, fertility law, fertility lawyer, fertility treatment, gay men conception, gay parenting, gay surrogacy law, Gaydar Radio, international surrogacy, international surrogacy law, law, lesbian parenting, lesbian relationship breakdown, Neil and Debbie, same sex parenting law, Sarah Wood-Heath, sperm donation law, sperm donor law, surrogacy agreements, surrogacy law, surrogacy lawyer, UK surrogacy
Posted in adoption, Co-parenting, donor conception, family building, fertility law, gay men surrogacy, international surrogacy, lesbian parenting, Natalie Gamble Associates news, same sex parenting, UK surrogacy | Comments Off
We hope to see you there next year!
