Gamble & Ghevaert

Archive for the ‘gay men surrogacy’ Category

Natalie Gamble invited to 10 Downing Street

Thursday, February 18th, 2010

We are delighted to report that Natalie has been invited by the Prime Minister to a reception at 10 Downing Street to celebrate the contribution of leading lesbian and gay people to Britain.

The invitation to Number 10 recognises Natalie’s work as a prominent champion of same sex families. Natalie has both spoken openly and about her own experiences as a mother and given legal help and support to many hundreds of gay and lesbian families conceived through assisted reproduction. She was at the forefront of securing groundbreaking legal changes in the Human Fertilisation and Embryology Act 2008, allowing lesbian couples conceiving together through donor insemination to be named on the birth certificate together, and from April this year allowing gay couples who have a child through surrogacy to apply to court to be recognised as equal legal parents. The changes were controversial in Parliament (with MPs given a free vote to decide whether clinics should consider a child’s need for a mother and a father before offering fertility treatment) but were passed last year, and now ensure that same sex parents are treated in the same way as heterosexual couples conceiving through assisted reproduction.

You can find out more about Natalie and her work, about the new legal rights for lesbian parents and about how the law works for gay men considering surrogacy on our website.

The art of baby making

Monday, January 11th, 2010

Deciding that the time is right to build a family is a defining moment in your life. However, unfortunately this is all too often just the start of a long and difficult journey to parenthood, fraught with many potential problems and pitfalls along the way. Whether you are a single gay man or woman or in a relationship, there is a definite art to building a family and making babies.

The problems

For prospective same-sex parents the obvious biological difficulties create major hurdles to overcome in the baby making process. Decisions inevitably have to be made about sourcing anonymous or known donor sperm, donor eggs, surrogacy or the merits of co-parenting. The wrong decision at the outset can lead to all manner of problems further down the line.

Many people are often short of time, lack peace of mind about their choice or feel overwhelmed by the different options for creating a family. Issues of, timing, cost, treatment and general logistics can lead to knee jerk decisions, wasted time and money, legal complications and a lot of heartache.

Take for example John, a successful marketing consultant, who’s always wanted a family of his own and feels the time is right to get started. What are his options as a single gay man? He could adopt, co-parent with a female friend, consider surrogacy in the UK or abroad or get himself a partner with children. However, there is so much to get to grips with in terms of understanding the fertility sector as a whole, knowing the fertility treatment options and tackling the often complex underlying legal issues. John simply doesn’t know where to start and he doesn’t want to mess things up. His concerns often keep him awake at night and are stopping him from taking the plunge.

Solutions

John should be encouraged to know that he isn’t alone in his wish to build a family and there is good quality of advice and information out there if he knows where to look. Once he appreciates the bigger picture and takes more control, family building and baby making becomes easier. So, what are some of the basics John should think about?

Navigating the fertility and parenting sector

John would benefit enormously from a greater understanding of how the law works. John needs to get clear in his own mind whether he wants parental autonomy or whether he would be happy to share parenting and if so the degree of his involvement on a day to day basis.

John then needs to think about the practicalities of achieving his goal. He will need to understand better the wide range of services available in the fertility and parenting sector. These include UK licensed fertility clinics, the issues surrounding informal conception, the role of the not-for-profit organisations in the UK including Infertility Network UK, Donor Conception Network, COTS, Surrogacy UK, the British Association for Adoption and Fostering (BAAF), the framework surrounding fertility treatment in the UK and options if he were to build a family abroad.

If John decides that conception is the way to go, understanding the basic different fertility treatment options is key. It may be stating the obvious, but no one is born knowing the difference between IVF, IUI, ICSI, straight or host surrogacy, and it makes sense to take a little time to explore these at the outset. This can help John to gather more information and medical help and support with better efficiency.

Underlying legal issues

John shouldn’t be fooled into thinking that everything will be straightforward legally. Building a family through assisted conception often creates a legal minefield. The law isn’t always logical and he really does need to understand the legal basics, including legal parenthood, parental responsibility, issues of citizenship and the importance of family-proofing his Will.

Having a family is no longer the preserve of straight couples. Time have changed and with recent improvements to the law there are now more options than ever to build a family and become a parent. You just need to know how to go about it in the right way.

For more information on our family building service see our website.

Stonewall publishes guide to the new laws on gay parenting

Thursday, December 10th, 2009

We have worked with leading gay rights organisation Stonewall to produce a guide to the new laws on gay and lesbian parenting, called Parenthood for Same Sex Couples. Funded by the Big Lottery Fund, the guide aims to provide clear information to service providers about the law on same sex conception and parenting, including donor insemination (and the new legal rights for lesbian couples to be named on birth certificates), co-parenting arrangements, and UK and international surrogacy for gay men. The guide will be distributed to key service providers nationally (including law centres) and is available on the Stonewall website.

We are delighted to have helped with this project, as we think it is vitally important for there to be good and widespread understanding of the UK’s new fertility laws which rightly recognise gay and lesbian couples as parents of children they conceive together.

Read ‘Parenthood for Same Sex Couples’.

More information on gay surrogacy law from our website.

More information on donor insemination and co-parenting law from our website.

More information about our public service work and fertility law services to charities.

Leading journal International Family Law publishes article on international surrogacy law

Friday, December 4th, 2009

The November edition of leading international law journal, International Family Law has published our substantial article ‘The chosen middle ground: England, surrogacy law and the international arena’.  The article discusses the problems of international surrogacy law from the UK perspective and takes stock of the history of surrogacy law in the UK, explaining how the law has evolved over the past 25 years through the Warnock Report, the 1985 Surrogacy Arrangements Act, the 1990 legislation, the Brazier Report and the most recent changes in the Human Fertilisation and Embryology Act 2008, and examines where surrogacy law in the UK now stands.

Without harmonisation of international surrogacy laws, and in an increasingly globalised world in which prospective parents are increasingly crossing borders for fertility treatment, UK fertility law simply has not kept pace. The article examines the legal problems which arise for foreign couples coming to the UK for surrogacy, and the difficulties for British couples conceiving through surrogacy abroad (looking in particular at the importance of the Re X and Y case which involved a British-Ukrainian surrogacy arrangement and which we dealt with in the High Court a year ago). The article considers the way forward, arguing that international surrogacy law desperately needs to be reviewed.

If you would like to read the article in full, please contact us for a copy.

More information about international surrogacy law from our website.

Department of Health consults on surrogacy law

Monday, November 9th, 2009

Parents through surrogacy must apply to court for a ‘parental order’ after their child is born, making them the legal parents and extinguishing the status of their surrogate mother. Under the current law only married couples can apply, but Parliament decided last year to open up the system to unmarried and gay couples (who will be able to apply for parental orders from 6 April 2010). As a result of these changes, the government is now reviewing the detail of how the court process works.

As well as looking at some of the technical detail of surrogacy law, this gives us a welcome opportunity to highlight the wider problems with UK surrogacy law, which is outdated and in dire need of a more fundamental overhaul. If you are affected by these issues, please do join our campaign and respond to the consultation before it closes on 23 November.

Read our article ‘Moving surrogacy law forward?‘ in Bionews (dated 3 November 2009).

More information about why surrogacy law needs reviewing from our website.

To respond to the consultation, visit the Department of Health website page.

Same sex partners to be named on birth certificates from tomorrow

Monday, August 31st, 2009

Natalie Gamble was interviewed on the BBC Radio 5 Live Breakfast Show this morning about the new rights for same sex partners to be named on the birth certificates of children they conceive together.

For lesbian couples, new rules allow the non birth mother to be named as the child’s other parent if the couple conceive through donor insemination or IVF together. Although the law change came into force on 6 April 2009, it only applies to children conceived after that date. The government has calculated that, allowing for some early arrivals, this means the soonest a child could be born under the new rules is 1 September 2009. From tomorrow, therefore, registrars around the UK will be prepped and ready to register births showing two women as a child’s parents.

On the Radio 5 Breakfast Show, Natalie was also asked whether gay men could also be named on birth certificates together. As Natalie explained, gay men conceiving with a surrogate mother will be able to obtain a birth certificate showing them both as parents, but that the changes for gay couples are coming into effect later. Gay men, like heterosexual couples, will have to apply to court for a reissue of the birth certificate after a surrogacy birth. They will be able to make such applications from 6 April 2010 although, unlike the new rules for lesbian couples, applications can be made for children born before the law changed.

We welcome the changes to both the donor conception and surrogacy rules to cover gay and lesbian parents. The move represents an important step forward in recognising gay and lesbian families, and ensuring that two parents who commit to having a child together are both legally recognised as being responsible for that child.

More information on lesbian conception law from our website.

More information on surrogacy law from our website.