Family Law Experts Say Process Can Be Improved

The fertility sector in the UK has come under criticism from a Judge on the family division of the High Court following a ruling on the parentage of children born following IVF treatment.

Sir James Munby granted legal declarations of parentage to seven couples after procedural and clerical mistakes had called their legal parentage of their children into question.

During the hearing it emerged that consent forms signed before fertility treatment by unmarried couples of those in civil partnerships had not been completed correctly by the clinics that performed their treatment.

Carol Grundell, a Partner and expert family lawyer at Irwin Mitchell, said: 

Expert Opinion

This case clearly illustrates the importance of carrying out the legal formalities correctly to ensure that parentage, and where relevant, parental responsibility is transferred. <br/> <br/>“It is crucial clinics take the appropriate steps to ensure all procedural steps in the IVF process are carried out correctly. If clinics or patients have any concerns about the legal formalities that need to be complied with they should act promptly to obtain appropriate legal advice. <br/> <br/>“By taking legal advice clinics can ensure all legal formalities are handled correctly and can reassure parents that everything has been correctly handled and these issues will not be a concern. <br/> <br/>“In cases where children are born through surrogacy arrangements, it is incumbent upon parents to apply for a parental order, for which there are strict time limits which should be observed to avoid potential complications later on.