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personal blog of louisa ghevaert, head of fertility and surrogacy, director – family law. louisa ghevaert features in the lawyer hot 100 2018 career quiz february 28th, 2018 i’m delighted to feature in the lawyer hot 100 career quiz 2018 for my cutting-edge fertility and family law practice. to read the full interview click here . the lawyer hot 100 “celebrates the uk’s top lawyers: the ones acting on the most significant matters, disrupting the industry with their creative flair. it tracks exceptional individuals from private practice, in-house and the bar”. now in its 17th year, the laywer hot 100 continues to showcase legal innovation, expertise and achievements in the field of law. fertility and family law is rapidly evolving in the uk. it creates complex legal and wider issues and is often out-paced by the needs and expectations of people building modern families using assisted conception. people’s personal and family lives are incredibly varied and this area of work requires not only extensive knowledge of the law but also understanding of individuals’ and their many motivations, pressures and experiences. to read more about the lawyer hot 100 read my previous blog piece . tags: assisted conception , assisted conception law , children lawyer , donor conception law , donor conception lawyer , family law , family lawyer , fertility law , fertility lawyer , fertility treatment , fertility treatment law , international children lawyer , international family lawyer , international surrogacy law , international surrogacy lawyer , ivf law , lawyer hot 100 2018 , lawyer hot 100 list , louisa ghevaert , surrogacy law , surrogacy lawyer , the lawyer posted in louisa ghevaert | comments off louisa ghevaert honoured in the lawyer hot 100 list 2018 january 30th, 2018 i am delighted to be included in the lawyer’s hot 100 list 2018 for my groundbreaking work in the field of fertility and family law. the lawyer states its hot 100 2018 list ‘is not simply about who has done the most or the biggest deals…. it recognises management figures leading their firm with vision, team leaders who have sparked incredible growth … litigators on groundbreaking cases”. individuals included in the lawyer hot 100 list ‘must have star quality’. each year, the lawyer receives many hundreds of nominations and it ‘gathers together the best lawyers in the uk – the most daring, innovative and creative’. it is a privilege to receive this accolade and feature in the lawyer’s hot 100 list 2018 in recognition of my work in the legal and medical sectors. this includes my role in delivering groundbreaking expert evidence in complex medical negligence proceedings in the high court in the case of xx v whittington hospital nhs trust [2017] ewhc 2318 (qb). this first of its kind judgment secured the first ever uk damages award for surrogacy and represents the cross-section of medical negligence and fertility law and practice in the uk. my specialist practice transcends both the legal and medical sectors. i am a specialist contributor on surrogacy law in leading legal reference book the international family law practice (fifth edition, december 2016-17). i am also co-author of medical reference book reducing risk in fertility treatment (first edition, april 2015). i remain committed to contributing to the future landscape of the law and legal services in the uk. this includes raising awareness and understanding of complex fertility, parenting and family law issues which underpin assisted conception and fertility treatment, modern families and complex medical negligence cases with a gynaecological and fertility dimension. the lawyer’s hot 100 list lists specific practice areas, which identify the most outstanding lawyers in their fields. to read more click here . tags: assisted conception , assisted conception law , donor conception law , family law , family lawyer , fertility law , fertility lawyer , fertility treatment law , international family law , international family lawyer , ivf law , lawyer hot 100 2018 , lawyer hot 100 list , louisa ghevaert , parenting law , surrogacy damages , surrogacy law , surrogacy lawyer posted in donor conception law , fertility law , international surrogacy law , louisa ghevaert , parenting law , surrogacy law , uncategorized | comments off trends in fertility and family law january 19th, 2018 there have been a number of significant developments in uk fertility law, policy and practice in recent months and its association with family law. on 15 december 2016 the hfea approved the use of a new and innovative medical technique, which is known as mitochondrial donation. this could help around 15% of people affected by genetic diseases. uk fertility clinics can now apply to the hfea for permission to use this technique in fertility treatment. in february 2017, research from harvard university found that women who work more than 40 hours a week may take 20 percent longer to get pregnant compared with women who work 21 – 40 hours a week. their research found that lifting heavy loads several times a day may delay pregnancy by as much as 50 percent. it reported that physical strain lifting, 8 hours a day on your feet, working nightshifts and long hours at work may impair women’s pregnancy prospects. this prompted headlines that “female bankers are the least likely to conceive through ivf” and “women who work a lot may struggle to get pregnant”. the spotlight then fell on uk fertility clinic practices. we read about “cash for eggs”, egg freezing, expensive “add-on” treatments and misleading sales pitches to fertility patients. consequently, in may 2017 the hfea investigated alleged breaches of its code of practice and announced it had taken enforcement action in september 2017. over the last year, women have been reminded not to be overly optimistic about getting pregnant in their late 30s and 40s. companies like apple and facebook have started to offer fertility benefits including egg freezing to female employees. this has driven increased interest in egg freezing across the uk. in may 2017, the hfea issued a statement about egg freezing. it warned clinics to give accurate predictions about the chances of success, highlighting that data is limited and that available national data showed that the pregnancy rate is around 22% for women of all age groups. a new style app, ‘just a baby’ launched in the uk in may 2017 bringing together prospective parents, co-parents, egg and sperm donors and surrogates. with potential candidates in your local area now just a swipe-away, it brings a new dimension to having a baby. modern families and those formed through assisted conception represent more legally complex and difficult cases to manage and resolve. deciding to start a family is a big step financially, practically, legally and emotionally. this makes it more important than ever before for modern families to have a strong legal foundation. in september 2017 in a legal first, the english high court awarded damages of £74,000 to a woman for surrogacy following a delay in detecting cancer in smear tests and biopsies. i gave expert evidence on fertility and family law issues in this case and it was a first-of-its kind award following complex court proceedings. it marked the meeting of medical negligence and fertility law in the uk and sparked debate about a new ‘fertility’ head of claim. in december 2017, the law commission of england and wales published its report on a 13th programme of law reform. it announced it intends to review surrogacy law over the next 2-3 years to reach recommendations and potential draft legislation, taking the view surrogacy law is outdated, unclear and requires comprehensive reform. in december 2017, the government also published a paper and draft remedial order to enable single people to apply for a parental order subject to meeting prescribed legal criteria. it is hoped this will pass into new law later this year. fertility law, policy and practice continues to evolve and this makes it important to understand and proactively manage the complex legal issues on a case by case basis. if you would like to learn more or discuss your situation, i can be contacted by email [email protected] or by telephone +44 (0)207 4049390. tags: assisted conception law , children law , children lawyer , co-parenting law , donor conception law , donor eggs , donor sperm , egg donation law , egg freezing , family building , family law , family lawyer , fertility law , fertility lawyer , fertility preseravtion , fertility treatment law , international surrogacy law , ivf law , louisa ghevaert , parenting law , parenting lawyer , solo parenting , sperm donor law , surrogacy law , surrogacy lawyer posted in uncategorized | comments off fertility and family law in action january 21st, 2016 the last 12 months has been a busy year on the fertility law front. fertility law and practice and its association with family law has continued to evolve, both nationally and internationally. we’ve seen evolution of policy and practice around the importance of giving informed consent to fertility treatment at uk fertility clinics licensed by the human fertilisation and embryology authority (hfea). informed consent to fertility treatment is one of the most important principles of healthcare. it is designed to protect fertility patients, children and others involved in fertility treatment and more needs to be done to improve understanding of the legal issues and implications of assisted conception and management of this in practice. in september 2015, the english high court highlighted the very real difficulties that arise when informed consent to fertility treatment falls short, which left eight couples embroiled in legal parenthood proceedings following fertility treatment and the birth of their children and highlighted a further 75 similar cases. we’ve also seen continued debate about surrogacy law and practice. my work as a member of the surrogacy uk working group on surrogacy law reform and the publication of its report myth busting and reform in november 2015 sheds valuable light on the current practice of surrogacy in the uk and sets out recommendations for reform. uk industry recognition for fertility and family law is to be welcomed. i was delighted to be awarded recognition by chambers & partners uk 2016. this helps raise awareness and promote the importance of fertility law in the uk. assisted conception can raise many complex legal and practical issues in the context of increasingly challenging family building expectations and demands of modern day living. assisted conception can be daunting and fertility law is not always ‘a good fit’ in practice. the provision of skilled fertility law advice helps place children born through assisted conception and their families on a secure legal footing and provides valuable support and protection if problems arise. fertility, parenting and family law issues have continued to feature in the media. over the last 12 months i have contributed to public debate and provided legal commentary on bbc world service radio and bbc radio london, as well as in the independent, the guardian, the times and legal and fertility sector press. i have also lectured on fertility, parenting and family law issues in the uk and delivered a lecture overseas in chicago, usa, at the american academy of assisted reproductive technology attorneys fall conference 2015. i can be contacted by email [email protected] or by telephone +44 (0)207 4049390. posted in donor conception law , embryo law , fertility law , international surrogacy law , louisa ghevaert , parenting law , surrogacy law , uncategorized | comments off bbc radio london interview: solo father through surrogacy awarded adoption order march 9th, 2015 i was delighted to be interviewed on bbc london 94.9 ‘have your say’ programme with vanessa feltz this morning following the english high court’s landmark decision to grant a solo father through surrogacy an adoption order. the english high court described the case as ‘highly unusual’ and the law as a ‘legal minefield’. the single man became a solo father through surrogacy after his mother carried a surrogate pregnancy for him. he conceived the baby (with his own sperm and a donor egg), now 8 months old, with the full support of his mother and father and following fertility treatment at a uk licensed fertility clinic. the solo father’s mother stepped in and carried the baby when he was unable to proceed with another female relative due to medical complications. under uk fertility law, the solo father’s mother and her husband were the baby’s legal parents at birth and were named as such on his initial british birth certificate. this meant that the baby and his intended solo father were treated as having the same legal parents and regarded as legal brothers. it was not illegal under uk law for the solo father to enter into a surrogacy arrangement and conceive a child through surrogacy. however, he was not eligible for a parental order (the legal solution for surrogacy in the uk which reassigns legal parenthood to intended parents) due to public policy restrictions which prevent single people from accessing the parental order regime. only couples are eligible to apply for a parental order. as a result, the solo father applied to the english court for an adoption order to be legally recognised as his baby’s legal father. in the first legal case of its kind, the english high court ruled that it was in the baby’s best interests for an adoption order to be awarded in his solo father’s favour. the case was supported by social services and followed careful consideration of child welfare issues, counselling and ethics assessment and approval at the uk licensed fertility clinic where treatment took place. the case involved complex legal issues and required very careful navigation because of a range of complex legal restrictions and offences set out in our domestic adoption and children law. the english court ruled that it would not break the law to award the solo father an adoption order because he and his baby were ‘relatives’ in law. in the fact specific circumstances of this case, the solo father successfully obtained an adoption order in respect of his baby. however, this case highlights the very real legal difficulties faced by single people who are ineligible to apply for a parental order, particularly those who do not have a relative willing to carry a surrogate pregnancy for them. english law also remains a minefield for those undertaking surrogacy abroad. with increasing numbers of people turning to surrogacy as a family building option of choice, there has never been a greater need to get to grips with the relevant issues and improve awareness. surrogacy can raise a whole host of tricky issues associated with developments in assisted reproductive technology, donor conception and inter-generational family building. surrogacy becomes even more complicated when people’s family building plans do not fit neatly into the confines of uk fertility law. family life in the uk and family building expectations are evolving rapidly. there are inherent tensions and conflicts between the positions of intended parents, surrogates, donors and surrogate born children which create a complex legal picture. assisted reproduction is here to stay, but there is still much to be done to improve understanding and protect and support adults, children and families alike. to listen to the whole interview click here . to find out more about surrogacy law in the uk contact me by email [email protected] or call +44 (0)207 4049390. tags: adoption law , adoption laywer , adoption order , assisted conception , assisted conception law , donor conception , donor conception law , family building , fertility law , fertility lawyer , fertility treatment law , gay parenting , gay surrogacy law , ivf law , louisa ghevaert , parental order , parenting law , parenting lawyer , surrogacy , surrogacy agreement , surrogacy law , surrogacy lawyer posted in donor conception law , fertility law , louisa ghevaert , parenting law , surrogacy law , uncategorized | comments off bbc world service interview: banning commercial surrogacy in thailand february 24th, 2015 i was delighted to join the debate on bbc world service have your say on friday 20 february 2015 following the ban of commercial surrogacy in thailand. the programme offered varied views and experiences about commercial and altruistic surrogacy. gwen robinson, asia editor for nikkei asian review, explained background events in thailand which led to the thai government’s decision to ban commercial surrogacy in thailand last week. the programme also featured a us surrogate mother, minette briant, dr margaret somerville , professor and founding director at centre for medicine, ethics and law, montreal, hans hirsh, a parent through overseas surrogacy, natalie smith, a parent through uk surrogacy, dr nayna patel and a uk surrogate mother, sarah jones. to listen to the whole interview click here . the issues raised by surrogacy will be further debated at the families through surrogacy conference in london on 21 march 2015, where i will be a keynote speaker. for more information click here . tags: altruistic surrogacy , assisted conception , assisted conception law , commercial surrogacy , fertility law , fertility lawyer , fertility treatment , gay surrogacy law , gestational surrogacy , host surrogacy , international surrogacy , international surrogacy law , louisa ghevaert , parenting law , parenting lawyer , surrogacy , surrogacy agreement , surrogacy contract , surrogacy law , surrogacy lawyer posted in fertility law , international surrogacy law , louisa ghevaert , surrogacy law | comments off louisa ghevaert recognised as leading expert in uk fertility and parenting law november 3rd, 2014 i’m delighted to be ranked by chambers and partners uk guide 2015 as a leading legal expert in surrogacy, fertility and parenting law. chambers & partners identifies and ranks the most outstanding law firms and lawyers in the uk and in over 180 jurisdictions throughout the world. their guides are trusted by clients across the globe when they need to find a reliable and capable legal expert. chambers uk guide covers 50 cities and counties in england, wales, scotland and northern ireland and its rankings are the result of in-depth discussions and interviews with both lawyers and clients. chambers and partners uk 2015: says about louisa ghevaert “louisa ghevaert is a recognised expert in surrogacy, fertility and parenting law matters. she has experience in dealing with complex parenting matters, particularly those with an international element”. this follows on from my ranking in chambers and partners uk 2014 edition which said “sources describe her as an expert in a very difficult and specialised area of the law – she knows her subject extremely well and gives knowledgeable and sensible advice”. if you would like more information about fertility, parenting or family law please contact me by email [email protected] or by telephone +44 (0)207 4049390. tags: adoption law , adoption lawyer , assisted conception , assisted conception law , children dispute , children law , children lawyer , commercial surrogacy , donor cocneption lawyer , donor conception law , family dispute , family law , family lawyer , fertility law , fertility lawyer , fertility treatment law , gay and lesbian parenting , gay men conception , gay parenting , gay surrogacy law , international children lawyer , international family law , international family lawyer , international surrogacy , international surrogacy law , ivf law , louisa ghevaert , parenting law , parenting lawyer , surrogacy , surrogacy dispute , surrogacy law , surrogacy lawyer posted in donor conception law , fertility law , international surrogacy law , louisa ghevaert , parenting law , surrogacy law | comments off international surrogacy law: time limit for parental order october 3rd, 2014 the english high court has today published a significant legal ruling on the 6 month time limit for issuing a parental order in the english family court set out in s54 human fertilisation and embryology act 2008. the president of the family division, sir james munby, has ruled for the first time in re x (a child) (surrogacy: time limit) [2014] ewhc 3135 (fam) that the six month time limit can in some circumstances be extended. sir james munby went on to grant a parental order in respect of the child born through surrogacy in india on 15 december 2011 stating: “where in the light of all this does the six-month period specified in section 54(3) stand? can parliament really have intended that the gate should be barred forever if the application for a parental order is lodged even one day late? i cannot think so. parliament has not explained its thinking, but given the transcendental importance of a parental order, with its consequences stretching many, many decades into the future, can it sensibly be thought that parliament intended that the difference between six months and six months and one day be determinative and one day’s delay to be fatal? i assume that parliament intended a sensible result. given the subject matter, given the consequences for the commissioning parents, never mind those for the child, to construe section 54(3) as barring forever an application made just one day late is not, in my judgment, sensible. it is the very antithesis of sensible; it is almost nonsensical”. that said, sir james munby was careful to make clear that each case will be fact specific and he went on to state: “i intend to lay down no principle beyond that which appears from the authorities. every case will, to a greater or lesser degree, be fact specific. in the circumstances of this case the application should be allowed to proceed. no one – not the surrogate parents, not the commissioning parents, not the child – will suffer any prejudice if the application is allowed to proceed. on the other hand, the commissioning parents and the child stand to suffer immense and irremediable prejudice if the application is halted in its tracks”. if you would like to discuss your situation or you would like more information about uk surrogacy law please contact me by email [email protected] or call +44 (0)207 4049390. tags: assisted conception , assisted conception law , commercial surrogacy , donor sperm , fertility law , fertility lawyer , gay and lesbian parenting , indian surrogacy , international surrogacy , international surrogacy law , international surrogacy lawyer , louisa ghevaert , parental order , parenting lawyer , surrogacy , surrogacy law , surrogacy lawyer posted in fertility law , international surrogacy law , louisa ghevaert , surrogacy law | comments off fertility and family law in progress december 4th, 2013 2013 has been another busy year in terms of the practice of fertility and family law. the law continues to evolve and face many challenges in view of the globalisation of fertility treatment, increasingly complex family building expectations and modern family life. i was delighted to be invited to lecture at the fertility show at the london olympia on 3 november 2013 on the legal issues arising from uk and international surrogacy arrangements. this was closely followed by my attendance at the american association of assisted reproduction attorneys (aaarta) autumn conference in charleston, south carolina from 10 – 12 november 2013 where i delivered a lecture on european fertility law. this follows on from my previous lectures this year on fertility and family law at the college of medicine’s annual conference in london in june 2013 and at the american bar association’s spring conference in alaska in april 2013. these events provide a forum to raise awareness and discuss the challenges and lessons learned by all those involved in the fertility sector. i welcome the uk industry recognition that has been attributed to fertility law this year. for my part, i am delighted to have been ranked as a leading lawyer in the field of fertility and family law by chambers & partners uk 2014 and legal 500 uk 2013. i was also delighted that my legal practice was highly commended at the law society excellence awards 2013 in the category of business development and innovation and that i was shortlisted at jordans family law awards 2013 in the category of most innovative family lawyer of the year. industry recognition marks the rising profile attributed to fertility law and its increasing association with family law. it also helps to raise awareness of the complex legal issues associated with fertility treatment and modern family building options. surrogacy continues to spark much debate around the world and challenge law and policy makers. i provided expert evidence to the hague in relation to its ongoing work in the arena of international surrogacy in september 2013 and like many, i await its further report next year. there have also been several recent legal challenges in the european court of justice brought by intended mothers in surrogacy cases in relation to maternity rights (one brought by a woman based in the north of england). i welcome the government’s commitment to introduce maternity and paternity rights for intended parents through surrogacy in 2015 and hope this will help to alleviate the difficulties many intended parents currently face. fertility law and its association with family law remains work in progress. as such, there is still much work to be done. tags: family law , family lawyer , fertility law , fertility lawyer , international family law , international family lawyer , international surrogacy , international surrogacy lawyer , louisa ghevaert , surrogacy , surrogacy information , surrogacy lawyer posted in uncategorized | comments off shortlisted by family law awards 2013 july 24th, 2013 i’m delighted to be shortlisted by jordan’s family law awards 2013 in the category of most innovative family lawyer of the year. this helps to further raise the profile of fertility law in the uk and its developing association with traditional family law and helps those struggling to have a much wanted family of their own. the family law awards recognise and celebrate the important work of leading family lawyers across the country. the panel of judges includes the heads of leading practitioners bodies, journal editors and important legal figures. three of the awards, including ‘most innovative family lawyer of the year’, are voted for by the general public. please vote for me as every vote really counts. i am committed to delivering an innovative and specialist fertility and family law service for fertility patients, children and families. this includes groundbreaking legal solutions for a variety of alternative family building options and parenting issues, including domestic and international surrogacy, donor conception, ivf, adoption, children and family disputes. voting for the family law awards ends at midnight on sunday 15 september 2013. the winners will be announced at a ceremony in london on wednesday 9 october 2013. tags: adoption law , assisted conception , assisted conception law , children lawyer , donor conception law , family disputes , family law , family law awards , family lawyer , fertility law , fertility lawyer , fertility treatment law , gay surrogacy law , international family law , international family lawyer , international surrogacy , international surrogacy law , ivf law , louisa ghevaert , parenting lawyer , surrogacy law posted in uncategorized | comments off « older entries pages about louisa ghevaert donor conception law embryo law international surrogacy parenting and children adoption child arrangements order financial provision for a child guardianship legal parenthood parental responsibility parenting and children law in the uk prohibited steps order specific issue order specialist wills surrogacy in the uk surrogacy dispute uk surrogacy laws surrogacy law: media and articles archives february 2018 january 2018 january 2016 march 2015 february 2015 november 2014 october 2014 december 2013 july 2013 december 2012 november 2012 october 2012 september 2012 august 2012 july 2012 june 2012 may 2012 april 2012 march 2012 february 2012 january 2012 december 2011 november 2011 october 2011 september 2011 august 2011 july 2011 june 2011 may 2011 january 2010 categories donor conception law embryo law fertility law international surrogacy law louisa ghevaert parenting law surrogacy law uncategorized blogroll vardags profile vardags profile is proudly powered by wordpress entries (rss) and comments (rss) .

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