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Our specialist fertility solicitors can advise on, and support you through, the numerous legal considerations involved in assisted reproduction, surrogacy, donor conception and co-parenting.

A central concept within fertility treatment is “consent”. Consent is vital to ensure that your treatment proceeds in the way you planned and that you have control over how your eggs, sperm or embryos are used both now and in the future.

Mistakes involving consent can have serious consequences: your treatment may not proceed, your eggs, sperm or embryos may be destroyed, or you could face Court proceedings after your child is born.

Call 0800 422 0123 or get in touch online to arrange an initial consultation today.

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Who our specialist solicitors can help

Our fertility solicitors can also advise you if:

  • You have concerns about how a UK clinic is storing your embryos, sperm or eggs
  • You’re involved in a dispute about the use of gametes or embryos
  • You’re planning to have a child using a surrogate or through donor conception
  • You and your partner have separated or divorced and you have embryos or gametes in storage
  • You need legal representation to the Human Fertilisation and Embryology Authority (HFEA)
  • Your partner has passed away and you would still like to start a family using their gametes or embryos (known as posthumous conception)

How our fertility solicitors can help

Our solicitors can support you through the entire fertility process, including:

  • Navigating consent
  • Declaring legal parentage
  • Ensuring you understand and are happy with any agreement you enter into

We can help you facilitate discussions and represent you to fertility clinics or the HFEA. We can also assist in challenging decisions which have been made in relation to your eggs, sperm, embryos or posthumous conception.

Why choose our fertility solicitors?

  • Understanding and considerate approach to assisted reproduction matters
  • Highly rated for family law by Chambers Guide and The Legal 500
  • Members of Resolution and committed to taking a non-confrontational approach to fertility law disputes
  • Legal expertise across Clarke Willmott to help on any other matters that arise

Recognition for our solicitors

“A professional, hardworking and cohesive team who provide sensible, balanced and clear advice to their clients.” Legal 500 2026
“All the lawyers were very professional and excellent at managing outcome expectations while clearly working hard to outdo those expectations.” Chambers 2026
“One of the best firms in the region with a reputation for delivering a high-quality service. Real strength in depth and one of the go to firms for HNW individuals. Always well prepared and always willing to go above and beyond for their clients.” Legal 500 2026
“One of the best firms in the region with a reputation for delivering a high-quality service. Real strength in depth and one of the go to firms for HNW individuals. Always well prepared and always willing to go above and beyond for their clients.” Legal 500 2026
“The whole team were on it at all times. They endeavour to provide needed advice, even when it is not what you want to hear.” Chambers 2026
“Clarke Willmott have a well-established, friendly and cohesive family team. There is a good mix of lawyers who provide an excellent service for their clients.” Legal 500 2026

Frequently asked questions on fertility law

Assisted reproduction involves detailed legal and regulatory requirements. Decisions made during treatment can also have long-term consequences. Specialist legal advice helps ensure consent is valid, risks are understood and outcomes reflect your intentions. Our solicitors have specific experience in fertility law and can provide you with clear, practical guidance throughout the process.

Legal advice is often most valuable at the planning stage, before treatment begins, and at key points where circumstances change. Early advice can help identify risks around consent, legal parentage and future decision-making, reducing the likelihood of disputes or unintended consequences later on.

Disputes can arise if relationships change, consent is withdrawn, or expectations about the future use of embryos or gametes differ. The law places significant weight on formal consent rather than intention, which can lead to unexpected outcomes. Our solicitors can help you understand how these situations are approached and how any disagreement may be resolved.

Fertility treatment can affect who is legally recognised as a parent and how family arrangements are structured, particularly where donor conception, surrogacy or separation is involved. Our solicitors can advise you on how fertility law interacts with wider family law to ensure legal parentage and responsibilities are clearly established.

Before treatment can proceed, your chosen fertility clinic will likely ask you to consent to the following:

  • The identity of the legal parents of the child
  • The use and storage of your eggs, sperm or embryos (including what happens if you don’t use them)
  • The handling of your eggs, sperm or embryos in the event that you or your partner pass away during the course of treatment
  • How your personal information will be used

Understanding what you’re consenting to and the associated issues is critical. You’re also legally entitled to withdraw consent at any time.

Should either you or your partner withdraw your consent, our specialist fertility solicitors can help you understand what it means for your treatment and/or stored embryos or gametes and resolve your dispute in the least confrontational way possible.

If you have stored eggs, sperm or embryos, you may wish to bring them into the UK (import) or move them to another country (export). For example, you may be moving to or from the UK, using a donor or surrogate from another country, or choosing to have fertility treatment overseas.

Strict requirements must be met before UK clinics will allow stored eggs, sperm or embryos to be moved across borders, to or from their care – and other countries will have their own rules. Our assisted reproduction solicitors can give expert legal advice on importing and exporting your gametes or embryos to make the process as painless as possible.

Posthumous conception is when you use the eggs or sperm of somebody who has passed away to conceive. Generally, this is only possible when the deceased person gave consent before their death.

In rare cases, it is possible to collect and use eggs, sperm or embryos of somebody who has died without their consent. These cases are looked at on an individual basis.

Our specialist solicitors can provide you with sensitive advice about your legal position if you’re considering posthumous conception.

The Human Fertilisation and Embryology Authority (HFEA) is a government regulatory body that ensures UK fertility clinics and research centres comply with the law. The regulations in fertility law are complex and there are many ethical considerations.

Our fertility solicitors can help you understand and navigate the regulations so that you’re clear on what options are available to you, the ethical boundaries, and what your position is throughout the process.

Speak to a specialist assisted reproduction solicitor

Our solicitors are experienced in advising on a range of situations that can arise in the field of fertility law.

Get in touch online or call 0800 422 0123 to arrange a consultation with a compassionate and expert fertility solicitor.

Your key contact

Emily Finn

Senior Associate

Manchester
Emily is a Senior Associate in our Divorce and Family Law team, dealing with divorce and associated financial matters, nuptial and cohabitation agreements, private children matters including child relocation, and domestic violence injunctions.
View profile for Emily Finn >

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