PollenTree

Legal FAQS (IVF)

What is IVF?

IVF (in vitro fertilisation) is where a woman's eggs are fertilised by sperm outside of her womb (in vitro). Ovulation is controlled using hormone treatment, the eggs are then removed from the woman's ovaries and fertilised by sperm in a laboratory. The fertilised egg (embryo) is then transferred to the woman's uterus in the hope that it will lead to a successful pregnancy.

What fertility problems can be treated using IVF?

Women with the following fertility problems may benefit from IVF treatment e.g.:

• Blocked or damaged fallopian tubes
• Severe endometriosis
• Abnormal uterus shape
• Fibroid tumours which are blocking the uterus
• Women whose partners have a low sperm count

Can I receive treatment on the NHS?

Yes. The National Institute for Health and Clinical Excellence (NICE) recommends that ‘suitable couples’ should receive up to three cycles of IVF treatment on the NHS. ‘Suitable couples’ are taken to be those aged between 23-39 (recommendation by NICE) and those couples who do not have children of their own or from a previous relationship.

Do I need the consent of my partner who is to be the father of the child before I can start IVF?

Under the new law in order for a man to be regarded as the father at the time the woman is artificially inseminated, the couple must have given notices of consent to the clinic to him being treated as the father and neither must have withdrawn their consent and the woman must not have served a cross notice consenting to another man being named as the father. However after transfer of the embryo neither the man nor the woman can withdraw consent. However if the woman does not conceive and a new cycle of treatment begins consent can be withdrawn to the man being treated as the father for the new cycle. These changes are expected to come in to force on 6th April 2009.


Can someone who is single or in a same sex relationship be treated for IVF?

Most clinics have traditionally only treated heterosexual couples because previously the law required clinics to ‘consider the needs of the child for a father’ when offering IVF. The position will change in April 2009 under the Human Fertilisation and Embryology Act 2008. The Act will remove any doubt about whether fertility treatment can be offered to same sex couples and single women. The new law will allow lesbians and single women to receive treatment and removes the need for clinics to consider the need of the child for a father. Instead the Act changes this emphasise to considering the child’s need for “supportive parents”.


In a civil partnership which woman be regarded as the mother of the child?

 Under the 2008 Act where a female who is in a civil partnership gives birth to a child by assisted reproduction (anywhere in the world) and using a clinic, she will be the mother of the child and her partner will be regarded as the second parent (unless she did not consent to the treatment). The partner will also automatically have parental responsibility.

I have not gone through a civil partnership but I am part of a same sex couple. Which one of us will be regarded as the mother?

For same sex females who are not in a civil partnership the other partner will be regarded as the parent if treatment was in a UK licensed clinic and the couple signed notices of consent to the other partner being treated as a parent (before transfer of the embryo). However the other partner will need to obtain parental responsibility by either being named on the birth certificate, entering into a signed parental agreement with her partner or applying for a court order. These changes come into force on 6th April 2009.


Will my partner appear on the birth certificate automatically?

As from 6th April under new rules brought in by the Human Fertilisation and Embryology Authority married couples and same sex couples in civil partnerships who underwent IVF through a clinic will automatically have their partners named on the birth certificate if they are using the partner’s sperm/eggs (unless the partners does not consent to being named as the second parent). The partner must not be a close relative however.

For those married couples or civil partners using donated sperm/eggs both will need to sign special consent forms before the second parent can appear on the birth register.

Will I have the same rights if I do not use a clinic but use artificial insemination at home?

Same sex couples who conceive with donor sperm at home will not automatically be entitled to have their partner added to the birth certificate even if they are in a civil partnership.


How will I be legally recognised as the parent of a child born through IVF if I cannot automatically be added to the child’s birth certificate?

From 6th April 2009 Civil partners, unmarried couples and same sex couples who are not in a civil partnership will under the new law be able to apply to the court for a parental order formally recognising the non conceiving partner as the legal parent and this will then entitle them to be added to the birth certificate..


I am a single woman, will this mean the donor will be registered on the birth certificate?

Single women receiving treatment through a clinic will automatically be the mother. The donor will not be registered as the father.