Gamble & Ghevaert

Archive for the ‘Co-parenting’ Category

Natalie Gamble speaks at The Alternative Families Show 17 September

Wednesday, September 21st, 2011

Natalie Gamble was joined by hundreds of prospective parents at the Alternative Families Show in Covent Garden last Saturday where she was a key note speaker.  The event, in its second year, showcased every aspect of conceiving by alternative methods and was tremendously well attended.  Under the banner of the London Women’s Clinic, Natalie outlined the legal implications of surrogacy and donor conception and the numbers attending the talk underline the fact that this is no longer just an option for the few but is now very much in the mainstream of our culture. 

One of the key issues raised was in relation to the need for a parental order and the often complex (and expensive) process that a family may need to undergo when opting for International Surrogacy. Our advice is always to look at your options for pursuing an arrangement in the UK first – it is a myth that surrogacy is illegal here.   Following a domestic arrangement, and assuming that you stick within the criteria, intended parents can expect a relatively straightforward (and inexpensive) parental order process.  In terms of pursuing an international arrangement it is vital to obtain a parental order once back in the UK as both parents will lack ‘parental responsibility’ (and therefore the authority needed to make decisions on behalf of their child here in the UK) and at least one (if not both parents) will lack status as the legal parent.  There is a strict 6 month deadline (beginning on the child’s date of birth) during which a parental order can be applied for and if this is missed intended parents will lose the opportunity for this bespoke legal solution forever.  Getting legal help with this can range from help from behind the scenes all the way to full representation – depending on budget and what you feel comfortable dealing with.   We always recommend that those planning surrogacy get initial advice, as this alone could save you in the long term. 

Another hot topic at the show was in relation to donor and co-parenting agreements where singles/couples/groups are considering the best approach and whether to have something in writing.  Our advice would be that, although not strictly legally binding, agreements are often extremely valuable in the setting up of such arrangements.  They provide an excellent opportunity to air (and hopefully iron out) the underlying issues and intentions of everyone involved.  If a dispute does arise in the future the court may well give any such agreement weight as part of its exercise to establish exactly what everyone’s intentions were at the outset.  In our experience, those that have gone into their donor/co-parenting arrangements carefully and have considered all the possibilities at any early stage, such as through the medium of an agreement, do not encounter significant difficulties later on.

The Alternative Families Show was an outstanding event and we look forward to next year!

Stonewall Gay Dads’ Guide launched

Tuesday, November 2nd, 2010

Gay rights charity Stonewall has published the first ever Guide for Gay Dads, giving legal and practical help for gay men wanting to start a family. We are proud to have contributed to the guide as expert advisers and authors of the legal sections on surrogacy, donor conception and co-parenting for gay men. We work with many same sex parents (and prospective parents), and know that Stonewall’s guide will be an invaluable resource for gay couples exploring their options for starting a family.

You can read the guide in full at http://www.stonewall.org.uk/at_home/parenting/4696.asp

You can find out more information about fertility law on our website, with information about surrogacy law for gay men, acting as a known donor, donating sperm and gay parenting law.

Times article on unregulated fertility sites quotes Natalie Gamble

Monday, July 19th, 2010

By Mark Bridge, The Times, Saturday 17 July 2010

Shadowy world of web’s unregulated fertility sites

Unregulated “fertility” websites that put their members in touch with sperm donors for a fee are exploiting vulnerable women and risking users’ health and finances, the Human Fertilisation and Embryology Authority (HFEA) has warned.

An investigation by The Times this week also found that such sites, which enable people including single women and lesbian couples to obtain sperm outside of the regulated market, are being used by men searching for nostrings unprotected sex. The HFEA believes that the sites’ role as facilitator may in fact constitute illegal “procurement” of sperm, and it is taking legal action against one website to close it down. A spokesman said: “If you use a site that does not direct you to a licensed clinic, you put yourself at risk that the sample you receive is neither safe nor screened and that the donor is not who they say they are.” The regulator also warns that donors who donate sperm via these sites rather than at licensed clinics will be the legal fathers of any children born to single women or unmarried couples and may be liable for child support.

Natalie Gamble, of Gamble and Ghevaert, a firm of solicitors that specialises in fertility law, said that the legality of the sites was a grey area. “What is illegal is procurement of gametes [sperm and eggs]. It comes down to the definition of what procurement is. Putting sperm in the post would seem to be clear. Less clear is helping individuals to make contact with one another.”

Membership of the websites, such as Co-ParentMatch.com and Feeling-Broody.com, costs about £10 to £15 a month. Dr Allan Pacey, senior lecturer in andrology at the University of Sheffield, claimed: “They’re in it purely for ‘If a man wants to impregnate the South East… he will be in poor sexual health’ money. It’s blatant profiteering.” He added that the sites profited from the relative expense of licensed clinics which charge about £800 for frozen sperm and one insemination cycle and from a shortage of sperm at clinics now that children born to donor sperm are allowed to contact their natural father when they are 18.

The website of Fertility 1st, which the HFEA is taking legal action against, states that customers should budget £150 for sperm to be couriered. The other sites leave such arrangements up to the donor and recipient, who might decide that his sperm should be delivered to her home, or that he should visit to “produce”, or have sex with her. Whatever the arrangement, Dr Pacey cautioned that sperm obtained using the sites is not adequately screened, so puts the recipient at risk of blood-borne and sexually transmitted diseases, including HIV. It may also carry genetic disorders such as Down’s syndrome. He says that the risk was even greater if, as our investigation suggests, some donors have predatory intent. “If a man wants to impregnate the South East, that ups the risk that he will be in poor sexual health.” He added: “A licensed clinic will run tests before taking samples and again six months after the last sample was taken and frozen. Sperm can only be used after this final check.”

Seyi Joseph, of FeelingBroody.com, said that her site only covered its costs. She added that it has links to documents that explain the rules on legal paternity. She advises that donors be tested for a range of diseases. Nigel Woodforth, of Fertility 1st, said that donors at his site must take regular health tests. He added that donors at the website do not give identifying details to the recipient, and that their records are destroyed after their membership expires. Co-ParentMatch.com did not return our calls.

Time spent undercover on unregulated websites revealed a sad world frequented by men eager to “help” vulnerable women. When I joined one site under the alias of luciex, or Lucy, a 29-year-old nurse, I was contacted by a queue of donors keen to offer “NI”shorthand for natural insemination, as in sex (Mark Bridge writes). As Lucy I signed on at Co-ParentMatch.com, which claims to be the “No 1. Leading website of its kind”a “regulated environment” that uses the slogan: “After all, there’s no time to waste, the biological clock is ticking…” Having uploaded a picture of an attractive brunette and paid £9.95 a month, I was contacted by, among others, men claiming to be a 30-year-old studio manager and a “ready and able!” 58-year-old American “peacebuilder”. Profile photographs showed mainly thirtysomething and middle-aged men, some engaged in manly outdoor pursuits, others dressed for a hot dateone in a crisp white jacket. The tone of conversation was hardly clinical. One man sent “Lucy” a blunt “I am from Manchester and available for NI if you can travel when you are ovulating.” He said that he was a married man and donated to overcome both the national shortage of sperm and narrow-minded attitudes to lesbian parents.

Another tried charm, writing: “Hello Lucie! You reallly [sic] look so gorgeous and I would be happy to donate my sperm so you can become pregnant [...]” Meanwhile, a man whose photo loosely resembled AliG wrote: “Hi how u doin?My names [...] im 30 from London would you like to chat? x”, adding his mobile phone number. When Lucy failed to respond he asked: “Hi Lucie how r u hun? Good i hope… What did u decide to do? Id like to help you become a mother x” Most, when asked, said that they were willing to donate by natural or artificial means, so came across as opportunists rather than full-on predators. Some offered meaningless reassurances about their sexual health. One wrote: “I have also been checked for STDs two weeks ago, in case you wondered.”

Not one asked Lucy why a single woman of only 29 would want to conceive with donor sperm or how she intended to bring up the child, although three professed some interest in a co-parent role. On the other hand, two said that they would be unwilling to take on parental responsibility. One wrote: “I am a donor only and cannot offer financial or parenting support.” It is illegal for donors to charge, and none of the men who made contact requested payment. One did say: “Expenses may be travel costs or hotel costs etc if donation was done on neutral ground.”

Laura Witjens, left, of the National Gamete Donation Trust (NGDT), says that the casual nature of agreements on expenses leaves them open to abuse. “It is common for guys to insist on natural insemination so ‘pay me and sleep with me’, she said, adding: “Some even sent me photos of themselves ‘donating’. It was shocking, and I’m Dutch, so that’s saying something.”

In spite of this dubious donor-base, the sites manage to entice women “and the odd sincere gentleman”, Ms Witjens said, in part by presenting a clinical façade, using stock photographs of babies to play on emotions. I have spoken to several women who have used the sites who were angry at first when I criticised them. They said, ‘Why make it difficult for people to conceive?’ But they were surprised and grateful when I explained the dangers and the legalities.”

Bringing up baby (the options for gay men)

Tuesday, May 4th, 2010

This month’s Out in the City magazine for gay men features an article titled ‘Bringing up Baby’ which we wrote for the magazine. The feature reviews the options for building a family through conception as a gay man, including surrogacy, co-parenting and known sperm donation, including the recent changes to UK surrogacy law.

You can read the article here (Bringing up Baby) or see our website for further information about surrogacy for gay men, and co-parenting and known sperm donation.

Completion of the UK’s new fertility laws welcomed today

Tuesday, April 6th, 2010

The last piece of the government’s flagship Human Fertilisation and Embryology Act 2008 came into force today, completing the first major overhaul of the UK’s fertility laws in twenty years. The HFE Bill is a major piece of government legislation which has updated the UK’s 1990 laws to bring them into line with 21st century scienific and social advances. It has introduced important changes including:

* new rights for lesbian partners to be recognised as parents after sperm donation,

* the abolition of clinics’ obligation to consider a child’s need for a father before offering fertility treatment,

* the broadening of the extended storage rules for gametes and embryos, allowing more people to store precious embryos for longer,

* new rights for donor conceived people to make contact with genetic siblings,

* a clearer legal framework for preimplantation genetic diagnosis, and

* the widening of surrogacy laws to allow same sex and unmarried couples to apply for legal parenthood.

The Act has been brought into force in stages, with the new parenthood rules on donor conception in force first for conceptions after 6 April 2009 and the bulk of the Act in force on 1 October 2009. The final pieces of the jigsaw, which came into force today, are the changes to surrogacy law, allowing same sex and unmarried couples to apply to court to become the parents of a surrogate born child and updating the court rules and procedures. This completes the implementation of this major piece of government legislation, rather fittingly today, the day on which it has been announced that this Parliament will be dissolved.

We are proud to have played a role at the forefront of these important legal changes, championing the position of fertility patients and same sex parents. Our contributions to the public and Parliamentary debate and to the legal changes include:

* Helping to secure the important new rights for same sex parents (work for which Natalie was nominated by gay rights organisation Stonewall as their Hero of the Year 2008, named by Diva magazine as one of the UK’s most influential gay women, and invited to 10 Downing Street to meet the Prime Minister last month);

* Winning a last minute government U-turn on embryo storage which allowed surrogacy patients to save embryos from destruction and store them for an extended period;

* Lobbying for changes to surrogacy law, which were debated in Parliament (but sadly not adopted) – we are continuing to campaign on this;

* Winning improvements to nationality law for British parents of children born through surrogacy abroad following our contribution to the Department of Health’s consultation on the new parental order regulations.

Find out more about the legal changes on our website, relating to donor conception, surrogacy and fertility treatment.

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.

Natalie Gamble named by Diva as one of Britain’s most influential women

Thursday, July 30th, 2009

Glossy magazine DIVA has included Natalie in its ‘Power 50′ list of the 50 most influential gay women in Britain. Natalie’s write-up mentions her involvement with the Human Fertilisation and Embryology Act 2008 and the new rights it gives to gay and lesbian parents, as well as her nomination by Stonewall for their 2008 Hero of the Year Award.

“I am flattered and honoured to be included” says Natalie. “We have seen enormous strides over the past few years towards legal equality for gay and lesbian families. I am proud to have helped champion changes in fertility law which help same sex parents to be treated in the same way as other couples when they conceive with donor sperm or through surrogacy.”

DIVA’s list also includes household names such as TV presenters Sue Perkins and Sandy Toksvig and actresses Fiona Shaw and Miriam Margolyes, as well as politicians, public figures and other leading professionals in their fields. Read ‘Power 50: Britain’s most influential gay women‘.

More on the law for lesbian couples conceiving together from the Gamble and Ghevaert website.

Stonewall’s Pregnant Pause: a guide for lesbians on how to get pregnant

Wednesday, July 15th, 2009

Stonewall has launched a beautifully illustrated new publication for lesbians who are thinking of starting a family. Called Pregnant Pause, it gives a wealth of up to date information on the different options available to lesbian parents, including NHS funded fertility treatment, private treatment, home insemination with a known donor and co-parenting, and covers the legal and practical issues. The guide was put together to celebrate the new rights for lesbian parents introduced by the Human Fertilisation and Embryology Act 2008 which came into force on 6 April 2009, with the aim of giving accurate information to couples thinking of starting a family through donor conception.

We are proud to have been involved in the project, contributing the legal information included in the guide, which we hope will be useful to many prospective parents.

Read ‘Pregnant Pause: a guide for lesbians on how to get pregnant’ or request a free printed copy from Stonewall (info@stonewall.org.uk or 08000 50 20 20).

More information on the law for lesbian couples conceiving together from our website.