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Legal Terms - Assisted Reproduction
Assisted reproduction refers to the use of techniques that facilitate the conception and birth of a child without relying on sexual intercourse between the individuals involved. It
Encompasses procedures such as artificial insemination by the husband (AIH) or by a donor (DI), in vitro fertilization (IVF), and the donation of eggs and embryos. These approaches have made it impossible to establish legal parenthood merely based on genetic connections.
According to section 33 of the Human Fertilization and Embryology Act 2008, the woman who gives birth to a child is always considered the legal mother, regardless of whether she is genetically related to the child. Unless a parental order or an adoption order is obtained for the child, this is not possible.
In cases when a woman is married or in a civil partnership with a male, her husband or civil partner will be considered the legal father of the child, unless he did not give consent to the fertility therapy (section 35). If the mother is in a same-sex marriage or civil partnership, her spouse or civil partner will be considered the other "parent" according to the 2008 Act. In this situation, the term "mother" is not used, as stated in section 42. In cases when a couple is not married or in a civil partnership, the partner of the mother will generally be recognized as the father or "parent" as long as specific circumstances are fulfilled (sections 36-37, 43-44). Essentially, both parties agree that the partner will be recognized as the child's parent. The individual who provides the sperm for permitted treatment is not considered the biological father of the child (as per section 41).
Using female germ cells from an embryo or fetus, or utilizing embryos derived from these germ cells, for the aim of offering a fertility service is considered a violation of the law. This practice has already been prohibited by the Human Fertilization and Embryology Authority. The offense can only be tried by indictment and carries a maximum penalty of 10 years' imprisonment.
Assisted reproduction refers to the use of techniques that facilitate the conception and birth of a child without relying on sexual intercourse between the individuals involved. It
Encompasses procedures such as artificial insemination by the husband (AIH) or by a donor (DI), in vitro fertilization (IVF), and the donation of eggs and embryos. These approaches have made it impossible to establish legal parenthood merely based on genetic connections.
According to section 33 of the Human Fertilization and Embryology Act 2008, the woman who gives birth to a child is always considered the legal mother, regardless of whether she is genetically related to the child. Unless a parental order or an adoption order is obtained for the child, this is not possible.
In cases when a woman is married or in a civil partnership with a male, her husband or civil partner will be considered the legal father of the child, unless he did not give consent to the fertility therapy (section 35). If the mother is in a same-sex marriage or civil partnership, her spouse or civil partner will be considered the other "parent" according to the 2008 Act. In this situation, the term "mother" is not used, as stated in section 42. In cases when a couple is not married or in a civil partnership, the partner of the mother will generally be recognized as the father or "parent" as long as specific circumstances are fulfilled (sections 36-37, 43-44). Essentially, both parties agree that the partner will be recognized as the child's parent. The individual who provides the sperm for permitted treatment is not considered the biological father of the child (as per section 41).
Using female germ cells from an embryo or fetus, or utilizing embryos derived from these germ cells, for the aim of offering a fertility service is considered a violation of the law. This practice has already been prohibited by the Human Fertilization and Embryology Authority. The offense can only be tried by indictment and carries a maximum penalty of 10 years' imprisonment.
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