What you need to know about your stored embryos & legal parenthood when separated or divorced

The British Infertility Counselling Association (BICA)’s Spring 2020 journal includes an article by Natalie Gamble about managing issues for fertility patients who are separating or getting divorced. You can read the full article here.

In the UK, no one legally ‘owns’ embryos and they are stored with both gamete providers consent, meaning if embryos are created with your and your partner’s gametes and either of you remove your consent the embryos cannot be used.

There are also a number of issues surrounding legal parentage following separation (and before divorce), where a person may wish to receive treatment as a single parent or in a new relationship and we discuss this as part of the article.

This seems to be a really hot topic at NGA Law at the moment, with our team getting regular queries from counsellors and other clinic staff grappling with issues which arise when patients separate or get divorced.

More information

For more information about how UK law regulates fertility treatment see our Knowledge Centre’s Fertility Treatment section.

For more information about how we help with assisted reproduction law, have a look at our Assisted Reproduction page.