Scotland’s New IVF Rules To End Postcode Lottery

New criteria, designed to make access to fertility treatment fairer in Scotland, promises that women under 40 can have two cycles of IVF funded by the NHS. This follows further investment of £12 million over three years to drive down waiting times.

However, treatment will be limited to patients who are not obese, where neither partner smokes nor drinks alcohol before or during treatment.

The new guidance from the National Infertility Group also states that the couple should be in a stable, co-habiting relationship for at least two years before starting treatment. The group has since conceded, though, that this particular criteria may be difficult to police.

The new rules will effectively mean an end to Scotland’s IVF Postcode Lottery, with those areas already providing three cycles of IVF (currently half of all health boards in Scotland) similarly required to provide only two cycles in future.

The report reveals wide differences between boards in terms of waiting times. At the end of last year, these ranged from no waiting time in NHS Borders, to three to six months in NHS Orkney, Shetland and Western Isles, to a high of three years and eight months in Grampian.

Boards also often have different criteria dictating who is eligible for treatment. The guidance gives women a guaranteed maximum of two fresh cycles of IVF up to the age of 40.

The new guidelines also guarantee women aged 40 to 42 one full cycle of IVF if they meet extra criteria, which shows they would have a reasonable chance of becoming pregnant. From 31 March, 2015, all couples will start treatment within 12 months of being accepted for IVF.

The Scottish Health Minister, Mr Matheson, said: “Currently, the service and criteria offered to women vary across the country. This is not acceptable. For the first time, NHS provision of IVF will not vary, regardless of where you live.

“All patients in Scotland will have access to a more generous and fairer service than elsewhere in the UK.”

Opposition politicians welcomed moves to make access more equal, but questioned the drop in provision.

New rules include:

NHS IVF services are provided in centres in Aberdeen, Dundee, Edinburgh and Glasgow. The access recommendations for all couples from 1 July, 2013, are:

• Eligible patients up to the age of 40 may be offered up to two cycles of IVF where there is a reasonable expectation of a live birth.

• Both partners must be non-smoking for at least three months before treatment and continue to be non-smoking during treatment.

• Both partners must abstain from illegal and abusive substances.

• Both partners must be methadone-free for at least one year prior to treatment.

• Neither partner should drink alcohol prior to or during the period of treatment.

• Body mass index (BMI) of female partner must be above 18.5 and below 30.

• Neither partner to have undergone voluntary sterilisation, even if sterilisation reversal has been self-funded.

• Couples must have been co-habiting in a stable relationship for a minimum of two years.

• NHS funding will not be provided to couples where either partner has already received the number of NHS-funded IVF treatment cycles supported by NHS Scotland, regardless of where in the UK they received treatment.

• No individual (male or female) can access more than the number of NHS-funded IVF treatment cycles supported by NHS Scotland under any circumstances, even if they are in a new relationship.

• Patients should not be placed at the end of the waiting list following an unsuccessful treatment cycle.

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

Court terminates father’s PR

On 12 April 2013, Mr Justice Baker handed down a judgement to terminate a father’s parental responsibility. Unsurprisingly, as the first judgement on the issue since 1995, it has already raised a great deal of interest within the sector.

The case involved a father who was convicted for sexual offences against his step daughters. On being released from prison, his ex-partner applied to the court to terminate his parental responsibility because the father wanted to have contact with his biological son who lives with his half sisters (the victims).

In passing the judgement, Mr Justice Baker made it clear that as a starting point it should be the view of the court that once parental responsibility has been obtained this should not be terminated for anything less than solid reasons. That said, this needed to be weighed up against the child’s interests, being the paramount consideration.

In presenting his decision, the judge acknowledged the importance of the need of the child (D), to grow up with some understanding of his origins and, whenever possible, (have) a relationship with each biological parent. He balanced this need against the importance of the child’s overall and future emotional wellbeing and security. In ordering that the father’s parental responsibility be terminated Mr Justice Baker said that the reason for this conclusion was that “in this case there (was) no element of the bundle of responsibilities which his father could in present or foreseeable circumstances exercise in a way that would be beneficial for D”.

If you would like to discuss your situation or you would like more information on our parenting and children law work, please click here or email louisa.ghevaert@porterdodson.co.uk or telephone Louisa on +44 (0)207 222 1244.

Zachary Quinto: seeking the final frontier

Following her articles on Matt Bomer and Rosie O’Donnell, Louisa has penned Pink Parenting’s cover story for their May/June edition, this time on Hollywood’s hottest property, Zachary Quinto.

Zach is the co-lead in one of 2013′s most anticipated movies, Star Trek: Into Darkness, in which he has reprised his role as everyone’s favourite half-Vulcan, Spock.

Off-screen, though, Zachary remains a leading man. He became Hollywood’s first openly-gay blockbuster actor when he decided to come out in 2011; boldly going where no A-lister has gone before. His unique candour and public commitment to LGBT equality, combined with his commanding roles in cult franchises 24, Heroes, and, of course, Star Trek, has won him legions of dedicated fans.

Louisa’s article looks at Zachary’s journey to-date and where the now-happily-partnered actor might like to head next, as well as discussing some of the legal issues gay parents-to-be need to consider. To read the full article, click here.

Louisa Ghevaert lectures the American Bar Association on fertility law

Louisa was delighted to attend the American Bar Association’s Spring 2013 Family Law Conference in Anchorage, Alaska, last week where she gave a specialist fertility law lecture to leading assisted reproduction lawyers from around the world.

The ABA conference was well attended by specialist assisted reproduction and family lawyers from across the US and beyond and it offered a variety of speaking and training programmes on subjects as varied as developments in international assisted reproduction law to pet custody law and practice.

Louisa joined an international panel of specialist lawyers from Australia, Argentina and the US, all of whom provided updates on recent assisted reproduction case law and policy changes in what remains a fast moving area.  Louisa presented a comprehensive overview of the differing and often fragmented approaches to fertility and assisted reproduction law across Europe and the complex legal issues arising within the  international fertility sector. 

In the absence of international consensus on assisted reproduction law and policy, ABA’s commitment to assisted reproduction and its work within the global fertility sector plays a valuable role in improving awareness and understanding of the complex practical, legal and policy issues associated with fertility treatment, donor conception, surrogacy and alternative family formation.

The ABA conference was set against the stunning backdrop of the Alaskan landscape, which boasted unrivalled access to the state’s glaciers, coastline, flora and fauna.  The conference staged a breathtaking train trip along the coast, enabling lawyers to come together as a group to discuss their legal practice and share information as well as enjoy some of the world’s most beautiful natural heritage.

If you would like to discuss more information about the legal issues arising from fertility treatment, donor conception, surrogacy or alternative family formation please click here or email louisa.ghevaert@porterdodson.co.uk or call +44 (0)207 222 1244.

IVF pioneer Professor Sir Robert Edwards remembered

It was with sadness that the fertility world learned yesterday of the death of Professor Sir Robert Edwards, the pioneer of IVF.

Sir Robert’s work, together with his colleague Patrick Steptoe, has helped transform the lives of millions of couples – providing hope of a much wanted child where previously there had been none.

Born in 1925, in the Yorkshire mill-town of Batley, Sir Robert was one of three boys. He joined the army in 1943 upon leaving school, serving mostly in Palestine. Upon demobilisation, in 1948, Sir Robert returned to his studies, at the University of North Wales, where he read zoology. In 1955, Sir Robert completed his Ph.D at the Universty of Edinburgh’s Institute of Animal Genetics, before accepting a position as a biochemist at Glasgow University.

In 1968, Sir Robert, then a researcher at Cambridge University, was introduced to Patrick Steptoe, a Manchester-based gynaecological surgeon. Sir Robert’s early research was in the egg maturation and fertilisation processes of animals, to show that eggs could be matured according to a predetermined schedule as the result of hormone treatment, and since the 1950s, he had long believed that the processes he was developing could be similarly used to help humans. With Patrick’s help, Sir Robert was determined to further his research in this area.

Early efforts to fertilise human eggs proved unsuccessful, whilst their research was further hampered by the unsupportive approach of colleagues in the medical community. Nevertheless, undeterred, in 1969 the two men succeeded in creating the first fertilised human embryo. With the financial help of a private donor from the US (the Medical Research Council refused to fund the studies) they were able to proceed with their research at a cottage hospital in Oldham, where they attempted the world’s first human embryo transfers.

There followed five long  years of failure until, in November 1977, they succeeded in implanting a fertilised embryo in the womb of Lesley Brown, who, together with her husband John, had endured more than a decade of infertility. The following July, Louise Joy Brown, the world’s first ‘test tube baby’, was born. The news was monumental. Not everyone approved, however. At the time, the Vatican said that Louise’s birth would have “grave consequences for humanity.”

Further IVF-conceived children followed and, in 1980, Sir Robert and Patrick established Bourn Hall, Cambridge, the world’s first dedicated IVF clinic. Throughout the 1980s there was a slow but steady acceptance of the practice, which mirrored the gradual rehabilitation of Sir Robert and Patrick, who had been all but ostrasized by the medical fraternity during the early years of their research. By the time of Patrick Steptoe’s death, in 1988, more than 1,000 children had been born through IVF.

Today, that figure is well into the millions. In 2010, when Sir Robert Edwards was finally awarded the Nobel Prize in Physiology for ‘the development of in vitro fertilisation,’ more than 4.5 million children born worldwide were conceived using IVF. Sir Robert always held a special fondness for Louise Brown, his first successful embryo transfer, even attending her wedding in 2005. Louise, who now has two children of her own, remarked that she was saddened to learn of the death of Sir Robert: ‘I’ve always regarded Robert Edwards as like a grandfather to me. His work, along with Patrick Steptoe, has brought happiness and joy to millions all over the world by enabling them to have children.’

Sir Robert is survived by his wife, Ruth, their five children, and their 12 grandchildren.

If you would like more information about the laws associated with IVF and fertility treatment please email louisa.ghevaert@porterdodson.co.uk or call +44 (0)207 222 1244.

Africa, awards and adoption: Charlize Theron

Louisa’s latest magazine article is for Fertility Road magazine, looking at the life and work of one of South Africa’s finest exports, Charlize Theron.

At various times a dancer, model, and actor, Charlize is perhaps best known for her roles in films as varied as Monster, The Valley of Elah, and, more recently, James Cameron’s Alien prequel, Prometheus.

Whilst she may these days call LA home, Charlize, now a US citizen, has never forgotten her African roots. Her charity, the Charlize Theron African Outreach Project, established in 2007, aims to support African youth in the battle against HIV/AIDS and she has long been an activist for international development, with the United Nations appointing her a ‘Messenger of Peace’ in 2008.

Last year, however, she adopted baby Jackson from her native South Africa, presenting Charlize with her toughest and most rewarding role yet, as a mother. Louisa’s article examines Charlize’s own fascinating journey to parenthood, from her troubled up-bringing to the rationale behind her decision to adopt as a solo-mum.

To read Louisa’s article, click here.

Developments in Irish Surrogacy Law

Earlier this month, the Irish High Court ruled that an Irish intended mother who was the genetic mother of twins born through surrogacy should be recognised as their legal mother.

Surrogacy is legally unregulated in Ireland, meaning there are no laws which permit or restrict surrogacy.  This legal black hole has created uncertainty for Irish intended parents who are unable to conceive naturally and who seek to build their family through surrogacy.

Prior to the landmark legal ruling earlier this month, Irish courts had granted discretionary declarations of parentage in respect of surrogate born children, but these were limited and only recognised the legal status of the intended father. Whilst this gave some legal relief for surrogate children born to Irish genetic intended fathers (particularly those born abroad to foreign surrogate mothers) and enabled them to obtain Irish citizenship and an Irish passport, it left their intended mothers with no legal status for Irish legal purposes.

Whilst this legal ruling marks a legal first in Ireland, it still leaves legal uncertainty for Irish couples looking to have a family through surrogacy. The judge based his decision to recognise the intended mother as legal mother and enable her to be named on the twins’ Irish birth certificates on the fact that she was their genetic mother (since they had been conceived with her eggs as well as her husband’s sperm and carried by her sister) and because it was her intention to parent them post birth.  This raises obvious questions about the legal status of Irish intended mothers in cases where they are not genetically related to their surrogate born child (where conception takes place with donor eggs and their partner’s sperm).

The proceedings were hard fought, involving arguments by the Irish Government that the Irish Consitution defined the birth mother as legal mother and that this could not be altered.  The judge disagreed, saying this only applied during the pregnancy and the genetic mother was entitled to be named on the twins’ birth certificates.  It remains to be seen whether this case will be appealed by the Irish Government and whether over the passage of time this case marks a real step forward towards greater legal recognition for intended parents and children following surrogacy.

In the meantime, the lack of legal harmonisation of surrogacy around the world and laws which recognise intended parents as their surrogate born children’s parents at birth continues to cause many problems in practice.  Conflicting law,complex  redtape and changing policy are frequent problems, making expert legal advice vital from the outset.  Click on these links for more information about surrogacy law in the UK or international surrogacy law or email louisa.ghevaert@porterdodson.co.uk or call +44 (0)207 222 1244.

Actor, comedian and activist: Louisa looks at Rosie O’Donnell

Following her articles on President Obama and actor Matt Bomer, Louisa continues to collaborate with Pink Parenting, the world’s number one LGBT parenting magazine. For the February/March issue, out now, Louisa’s cover story looks at the life of Rosie O’Donnell, who recently became a mum for the fifth time. Rosie is a multi-Emmy award-winning actor, comedian and talk show host and a passionate LGBT parenting advocate.

Having spent the early part of her career on the male-dominated stand-up stages of the comedy club circuits, Rosie is no stranger to blazing a trail. As host of the Rosie O’Donnell show from 1996 to 2002, she became a household name but quit the show and celebrity life to spend time with her family. Over the last decade, Rosie has perhaps become America’s most prominent and outspoken advocate for LGBT parenting rights, her opinions informed by the joy and heartbreak she herself has experienced as a gay mum. Louisa’s article looks back at those experiences and celebrates Rosie’s achievements, in having done so much to normalise LGBT family life in the eyes of the American public.

To read the article, click here.