Assisted reproduction, fertility treatment, donor conception and co-parenting


Our team of leading fertility lawyers provide expert legal advice on all forms of assisted reproduction, fertility treatment, donor conception and co-parenting to help you create and protect your family.

We know that there are lots of different ways people form families from assisted reproduction and fertility treatment which may or may not involve the use of a donor, to co-parenting arrangements where people who are not in relationships together choose to have and raise a child together.  

Navigating issues around who will be treated as a legal parent (which is not always who you intend) and what involvement in your child’s life everyone will have can be tricky and we can help you address the issues whenever they arise. We also know when couples separate there can sometimes be issues around what should happen to any stored embryos.

What you need to know

In the UK, the legal mother will always be the person who gives birth to the child. Who else is a legal parent will depend on how the child was conceived, whether the legal mother was married or in a civil partnership, whether fertility treatment took place at a UK licenced fertility clinic and what consent forms were completed prior to treatment. In some circumstances a sperm donor may be treated as a legal parent even if you do not intend them to be.

Legal parentage can affect a wide number of issues for parents and children including nationality, inheritance, parental responsibility, child arrangements and financial responsibility for a child.

We help parents and donors navigate these issues at whatever stage they arise, whether pre-conception including advising on the appropriate clinic forms that need to be completed for treatment at a UK licenced fertility clinic and preparing pre-conception agreements or after a child is born.

Even if someone is not a legal parent they may be able to make applications for parental responsibility or a child arrangements order (often referred to as residence or contact orders).  

We know that sometimes issues only arise when things go wrong. We can help you deal with disputes where there is uncertainty about who is a legal parent, if there is a dispute as to what should happen to stored embryos or if someone you agreed would be a donor is seeking to become involved in your child’s life.  

Get in touch

Our team of legal experts are here to support you.
Contact one of our lawyers today.

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Our family lawyers

Our specialist team of fertility and children lawyers act for individuals and couples who use assisted reproduction/fertility treatment to conceive, sperm and egg donors, co-parents and fertility clinics. Some examples of work are:

  • Advising the ex-partner of the legal mother who had been in a relationship (but not married or civil partnered) at the time of child’s conception and did not complete the appropriate consent forms at a UK licenced fertility clinic to be a legal parent. The ex-partner was subsequently registered on the birth certificate for the child. We advised on a declaration of non-parentage and applications for parental responsibility for the ex-partner and a child arrangements order to spend time with the child.  
  • Advising a mother who was not in a relationship but intended to conceive a child and co-parent through fertility treatment with a friend.  
  • Acting for a leading fertility clinic in a number of reported cases involving declarations of parentage where unmarried couples had used sperm donors to conceive and there were errors in the consent forms used for the partners to become legal parents. This included where parents had subsequently separated and were not in agreement about who was a legal parent.  
  • Acting for a mother in an application for a declaration of parentage following IVF treatment with her then same-sex partner where there were problems with the consent forms for legal parentage completed at a UK fertility clinic and it was unclear whether the same-sex partner was a legal parent. The issue arose several years after the child’s birth. We were able to secure the clinic’s agreement to pay the mother’s costs for the declaration of parentage. As well as providing certainty for her child, the mother was able to pursue child maintenance from her ex-partner.

Who do we work for?

We work with a huge range of clients from a variety of backgrounds, including:

  • Business owners, entrepreneurs and their partners
  • Farming families
  • High net worth and ultra-high net worth families
  • International families
  • Medical professionals
  • Professional and family trustees
  • People with a high profile in the entertainment industry
  • Senior management and other professionals
  • Sports people

Why choose surrogacy lawyers from Mills & Reeve?

  • We strive to offer an unrivalled client experience, keeping our values at the centre of our decision-making at all times.
  • We have a wealth of experience and expertise to provide you with practical advice relating to your case.
  • You'll find our offices in seven major cities across England, including London, Birmingham and Manchester.
  • We're recognised by prestigious legal bodies, including Legal 500, Law Society and Chambers and Partners.
  • Our family lawyers are members of Resolution, a national family justice organisation committed to finding non-confrontational methods of dealing with family law issues. Our work with them helps us to provide you with a conscientious, constructive, and cost-effective service. This defines our approach to everything we do.

We understand how important it is for you to realise the dream of having a child, which is why we want to help you get the legal proceedings right. By choosing fertility lawyers from Mills & Reeve, you'll be sure to experience a smooth and professional process and be taken care of by our expert team.

Resources

In this vlog, Caitlin Jenkins, the familylawvlogger talks to her Mills & Reeve specialist children law colleague, Rose-Marie Drury, about the concept of Legal Parentage and the implications of this for those who conceive a child using a donor or through surrogacy. 

Explaining family law podcast

Facing a family law issue and not sure what's involved? Our podcast is the right place to start.

Listen to our podcast

Family and children blog

Our family and children law blog provides practical advice and insight on a wide range of topics by our family and children lawyers.

Visit our blog

Navigating separation survey

Explore key findings from our YouGov survey on married individuals' views on family law issues and dispute resolution.

Read more

What our clients say about us?

“Mills & Reeve have expertise in every area of children law.”

Chambers 2024

“Zoe is widely acknowledged as the best of children lawyers in her generation”

Chambers 2024

“They have a very strong reputation and are well able to deal with complex cases.”

Chambers 2024

“What Colin doesn't know about international children law isn't worth knowing.”

Chambers 2024

“Zoe Fleetwood is a strong name in the children sphere and has a justified reputation as being a calm and effective advocate for her clients.”

Legal 500

“An excellent stand-out team who regularly deal with the most difficult of cases.”

Legal 500

Our expertise

Surrogacy and fertility law
Embryos on separation
International surrogacy
Surrogacy in the UK

FAQs

If you are married or in a civil partnership, and your spouse or partner consents to the treatment, it does not matter if treatment takes place overseas. Your partner will be the legal parent of your child. If you are single or not married or in a civil partnership, then unless you conceive at a licenced UK fertility clinic and complete the appropriate consent forms prior to treatment taking place the sperm donor will be treated as the legal father in England and Wales.  

If the legal mother is married or in a civil partnership (and her spouse / civil partner agrees to the home insemination) her spouse/partner will be the second legal parent. If the legal mother is single or unmarried or not in a civil partnership then your sperm donor will be treated as your child’s legal father.  

Sometimes problems arise with consent forms completed at fertility clinics. We can provide expert advice on whether those issues will affect legal parentage, assist with an application for a declaration of parentage if required and help you take the necessary steps to ensure the appropriate people are recognised as legal parents. In some cases, it may be possible to obtain funding for your legal fees from your fertility clinic.  

At the moment it is only possible to have two legal parents in England & Wales - a legal mother and a second legal parent or legal father.  

If any “non-parent” wants to spend time with your child (and you do not agree) they will have to apply to the court for a child arrangements order.

What arrangements, if any, for your donor to spend time with your child are appropriate will depend on your individual circumstances and what is in your child’s best interests. In some cases courts refuse to allow donors to have any involvement in a child’s life whereas in others a court may decide it is in your child’s best interests to know who their donor is and spend some time with them.

Even if you have reached an agreement before conception that a donor will not have any involvement it is still possible for them to make a court application after your child is born.  

A birth certificate does not determine who is a legal parent. Where there is a dispute about legal parentage and either someone wants to be added to the birth certificate or removed then it is possible to apply for a declaration of parentage.  

Related sectors & services

Private wealth Children Divorce and separation International family law Surrogacy and fertility law Unmarried couples Alternatives to court Wealth protection