Gamble & Ghevaert

Archive for August, 2009

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.

Family Law publishes article on the Human Fertilisation and Embryology Act 2008

Monday, August 10th, 2009

Leading legal journal Family Law has published our article (The Human Fertilisation and Embryology Act 2008: Revolution or Evolution?) which looks at how the 2008 Act was heralded in Parliament as the first major update of UK fertility law in 18 years, and asks whether it has really made assisted reproduction law fit for the twenty-first century.  The article puts the new legislation in context, examining the history of UK fertility law and how it has developed, explaining the changes introduced by the 2008 Act (in particular the new rights for same sex parents which are dealt with in a practical case study) and highlighting some of the remaining problems for fertility patients and parents conceiving through assisted reproduction and in alternative family structures.

More on fertility treatment law from our website.

More on lesbian conception law from our website.

Embryo dispute case in the news

Monday, August 10th, 2009

The Daily Telegraph have featured a case we are acting in involving a couple from Gloucester who are fighting to save their stored embryos. A question of timing means that Mr and Mrs Gladwin do not benefit from fertility law regulations which would otherwise allow them to store their embryos for much longer than the basic five year period normally permitted by the law. Read the article ‘Woman cancer survivor told she cannot keep frozen embryos’.

For further information on the legal issues see the article ‘Embryo storage law leaves some parents out in the cold’ on our blog, and our Storage Periods for Embryos and Gametes page on our website.