Fame, fatherhood and surrogacy: Louisa looks at Matt Bomer

January 16, 2013 By Louisa Ghevaert

Pink Parenting, looks at 35 year-old Hollywood actor Matt Bomer. Matt is the star of critically-acclaimed US drama White Collar, now in its fourth season. Perhaps more importantly, together with his partner, Hollywood publicist Simon Halls, he is also father to three surrogate-born boys, Kit (born 2005) and twins Walker and Henry (born 2008).

In particular, Louisa looks at Matt’s remarkable ability for making surrogacy look effortless, as well as discussing the likely legal hurdles that intended parents must navigate when building their own family. In addition, Louisa’s retelling of Matt’s coming-out, at an awards ceremony in early 2012, makes this piece even more timely, in the week when Matt’s Flightplan co-star, Hollywood A-lister Jodie Foster, similarly came-out during her acceptance speech at the 2013 Golden Globe Awards.

he popularity of shows like NBC’s The New Normal (which centres around an LA-based gay couple and their surrogate, and on which Matt guest-starred last year) suggests Hollywood might finally be coming to terms with the reality of surrogacy and gay parenting and Matt Bomer is riding the very front of that wave of change. To read Louisa’s article, click here.

If you would like to discuss your personal situation or you would like more information about donor conception, egg donation, IVF treatment, surrogacy or parenting and children law please contact us by email fertilityandparenting@porterdodson.co.uk or by telephone +44 (0)207 222 1244.

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Known donor disputes

May 30, 2012 By Louisa Ghevaert

Despite the best of intentions, problems and disputes can arise between parents and a known donor.  As increasing numbers of people embrace known donor arrangements as their family building option of choice, inevitably a proportion of these families will experience conflict and relationship breakdown at some point.  The English court has recently dealt with a handful of cases involving difficult and emotionally charged disputes between parents and known donors and there are a number of lessons to be learned from these.

The English family court  has acknowledged that families created with the help of a known donor are still ‘new territory’ and that conventional family and parenting models do not apply. The English family court has highlighted the importance for all the parties to discuss and agree arrangements for the child at the outset and manage everyone’s expectations.  That said, it is difficult to plan for every eventuality and a number of unforeseen events and issues can (and often do) arise which then need to be handled with great care.

In practical terms, it is therefore important to:

  • Agree everyone’s identity and role at the outset (i.e who will be the parents and what the status and role of the known donor will be)
  • How much involvement and contact the known donor (and his family) will have with the child
  • Put in place a well crafted known donor agreement which clarifies the legal issues and records agreed arrangements for the child
  • Regularly review arrangements for the child

Although the court does not have to uphold the terms of a known donor agreement and will always look to secure the child’s best interests, it can be  important evidence if  a legal dispute arises and it can play a key part in determining the outcome of the case.  Building a family with a known donor is a big step and it creates a unique family identity.  It often raises complex legal issues and it is vital to tackle these with care from the start to ensure maximum protection for your family.

If you would like to discuss your situation in more detail or you would like more information about known donation click here or email louisa.ghevaert@porterdodson.co.uk or call +44 (0)207 222 1244.

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Same-sex parenting: dispute with biological father

April 27, 2012 By Louisa Ghevaert

The Court of Appeal has recently determined a case involving a difficult parenting dispute between a successful and professional lesbian couple and a biological father for a child (A v B and C 2012).  The case raises important issues relating to the English Family Court’s approach to children born into alternative families and the relationship of such children with their fathers.

Long term lesbian partners conceived a child with a longstanding male friend in December 2008.  The biological father was formerly in a marriage of convenience with the mother although they subsequently divorced. It was intended that the lesbian couple would be the child’s parents and that the biological father would be acknowledged as such and would play a secondary role.  The parties initially thought they had agreed their respective status and roles. However, following conception, the parties failed to agree on future contact arrangements.  The biological father’s wish for weekly overnight staying contact and an annual holiday with the child was not agreed. In November 2010, the biological father issued court proceedings for a contact order and the lesbian couple responded with an application for a joint residence order and a specific issue order to determine the parameters of the exercise of the biological father’s parental responsibility for the child. Court hearings took place during late 2010 and 2011 and resulted in a joint residence order in favour of the lesbian couple (to confer parental responsibility upon the lesbian non birth mother) and a limited 5 hour contact order for the biological father every fortnight.  The biological father appealed.

The Court of Appeal ruled that these complex alternative family cases are fact specific and as such generalised guidance is not possible.  The child’s welfare is the paramount consideration and in considering the child’s welfare it is important to identify the source of the child’s nurture, stability and security. The court ruled that it would be wrong in this case to develop the biological father’s relationship with the child to that of a divorced parent, since this would confuse and disrupt the relationship between the two mothers who provided the nuture, stability and security for the child. It would be wrong to approve a regime whereby there would be a concept of three parents and two homes as this was not indicated by the circumstances of the case.

The Court of Appeal acknowledged that these cases are “still new territory” where conventional family models do not work and the courts are still struggling to evolve a principled approach. The parties’ pre-conception intentions were relevant factors but they were not determinative.  The case demontsrates how plans change over time and how important it is for the parties to discuss and agree arrangements for the child in as much detail as they can at the outset and develop language that befits everyone’s expectations.

If you are considering a known donor or a co-parenting arrangement, it is critical that you tackle the legal issues from the outset to ensure maximum success in your family building plans and to avoid the potential for dispute.  A well drafted known donor or co-parenting agreement will help you crystalize the relevant legal and practical issues and construct a legal framework for everyone’s future role and status and provide much needed protection for your family.  If you would like to discuss your personal situation in more detail or you would like more information about same-sex parenting, known donation and co-parenting arrangements  click here or email fertilityandparenting@porterdodson.co.uk or call +44 (0)207 222 1244.

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