World IVF Day tomorrow marks the 48th birthday of Louise Brown, the world’s first IVF baby – and provides an opportunity to reflect on how dramatically the fertility landscape has changed over the last five decades.
When Louise Brown was born in 1978, in vitro fertilisation (IVF) was a groundbreaking and, to some, controversial scientific development. Today, assisted reproduction is an established route to parenthood, helping millions of people worldwide build families through IVF, donor conception, surrogacy and fertility preservation.
What has changed just as significantly is the way people approach fertility treatment. Intended parents are often more informed than ever before, having spent considerable time researching different treatment options, donor conception pathways, surrogacy arrangements and fertility preservation before they even speak to a professional adviser.
As a fertility lawyer, I increasingly work with individuals and couples who have a clear understanding of the medical aspects of their journey but are less familiar with the legal considerations that sit alongside them. As opportunities for family building have expanded, so too has the complexity of the legal landscape.
We are seeing growing numbers of people explore fertility treatment abroad, pursue international surrogacy arrangements and build families through donor conception. While these pathways can create wonderful opportunities, they can also raise important legal questions around parenthood, citizenship, consent and the rights of donor-conceived children.
One area that continues to generate discussion is surrogacy. Many intended parents are surprised to discover that under current UK law they are not automatically recognised as their child’s legal parents at birth, despite having planned and embarked upon the journey from the outset. For many, this highlights the gap that can exist between modern family creation and the legal framework that governs it.
The success of IVF is one of the greatest medical achievements of the modern era. However, World IVF Day should not only be a celebration of scientific progress. It is also an opportunity to consider whether the legal frameworks supporting modern families are evolving at the same pace as the treatments that help create them.
Nearly 50 years on from the birth of Louise Brown, the conversation is no longer simply about whether science can help create families. Increasingly, it is about ensuring the law provides those families with the clarity, certainty and protection they need.
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For more information on assisted reproduction and fertility law, please send an enquiry or contact Emily Finn directly.
