Please note: The following information is for guidance use only. Always seek legal advice as the law surrounding fertility and embryology is sometimes unclear and confusing.

What does the Human Fertilization and Embryology Bill Mean for Me?

Previously those working in fertility treatment clinics were charged with the legal responsibility to consider the child’s need for a father this was used by some clinics and health professionals to refuse treatment to same sex couples and single women.

However in 2008 the bill was reviewed and some amendments were made to make treatment more accessible.

As of October 2009 the law calls for those working in fertility clinics to consider the child’s need for supportive parenting. This has opened the door for single women and lesbian couples who want to access treatment from the NHS. Fertility clinics are still able to use other criteria when deciding who they can treat, such as those with fertility problems.

For example medical infertility is used as a criteria for access to publicly funded treatment and many same sex couples are turned away on the grounds that they have no “medical” infertility problems. Any woman who has a medical reason for infertility is eligible for NHS funded treatment regardless of her sexual orientation.

However, a lesbian couple in Scotland successfully took their health board to court and sued them for discrimination on the grounds of sexual orientation for not allowing them access to treatment, this has set a precedent for allowing female same sex couples to challenge their health boards using the Equality Act (sexual orientation) Regulations which makes it unlawful to discriminate on the grounds of sexual orientation in the provision of goods, facilities and services, this includes health services.

What about being a legal parent?

The Civil Partnership Act 2004 meant those who entered into a civil partnership had the same rights as married couples. This includes issues to do with the legal parenthood of a child.

In terms of legal parenthood there are a number of different possibilities depending on how, where and when the child is conceived.

Conceiving At home

If you conceived at home after April 6^th 2009 and you are in a civil partnership then your partner is automatically the second parent. When registering the child indicate that you are in a civil partnership and both parents’ names will be on the birth certificate automatically.

It is also important to note that if you conceive at home and you are not in a civil partnership the donor automatically becomes the legal parent.

If your child is conceived before April 6th 2009 the non-birth parent will have to apply to adopt the child.

Conceiving In a licensed clinic

If you conceived in a licensed clinic after April 6^th 2009 and are in a civil partnership and your partner wants to be the second parent simply fill out the form given to you by the clinic indicating this and legal parenthood will be granted to your partner. Equally your partner can sign the form to say she does not want to be the legal parent.

NB. If you conceive in a licensed clinic and do not have a civil partnership this does not matter, simply fill in the form indicating you want to be the second parent.

Legal parenthood is important for such things as financial responsibility, inheritance and the right to consent or deny the adoption of the child.

The major benefit to these changes is the automatic legal parenthood of the non-birth parent; this also includes being automatically put onto the child’s birth certificate.