Lesbian non-birth mother not considered legal parent after fertility treatment

In a recently published case a High Court Judge has declared a lesbian non birth mother as ‘not a parent’ due to errors at a fertility clinic. The case involved a lesbian couple who had been in a relationship for 13 years and had started a family together at a licensed fertility clinic, with the birth mother conceiving in 2009. The couple had waited for the changes in the law which allow a non birth mother to become a second parent by signing the necessary consent forms, to come into force before conception. However, now the couple have separated a dispute has arisen over whether the non birth mother should have contact with the children (twin boys). The birth mother raised the question as to whether the non birth mother could be considered a legal parent due to apparent errors made in completing and submitting the consent forms and the procedures followed by the fertility clinic in question. The court was asked to determine on this preliminary issue before hearing the application for contact and has now ruled in favour of the birth mother. Mr Justice Cobb very carefully considered the provisions under the HFEA 1990 and 2008 and the guidance given to fertility clinics. In the circumstances of the case it transpired that the consent to legal parentage for the non birth mother was not provided prior to conception and therefore she could not be considered a legal parent. In addition it was found that even if the necessary forms had been completed correctly the clinic had erred in not following the correct procedures, including failing to provide adequate counselling. Although the court has ruled in favour of the birth mother in this instance the non birth mother has been given permission to continue her application for contact with the children. It is a decision that will no doubt be of interest to both same sex parents and fertility clinics alike. It will serve as an important reminder to fertility clinics to ensure their procedures when treating couples meet the strict statutory requirements. It also highlights the conflict that can arise between couples when a relationship breaks down and the considerable heartache involved. Article: 12th June 2013 www.nataliegambleassociates.co.uk

Lesbian couple talk about their journey to parenthood

Lesbian couple talk to Chicago Tribune about their experiences of becoming parents:
At first glance, Jennifer Snyder and Linda Borchew could not have been more different. Borchew grew up in Des Plaines and is Jewish. Snyder was raised Presbyterian in a one-stoplight town in central Illinois.

Back in 1997, they were students with a shared passion for women's softball. Their relationship started like many: a deep friendship that blossomed into something more.

Ten years later — on Jan. 4, 2007 — the high school administrators married at Niagara Falls, Canada, and they settled into blissful domesticity on a quiet residential street in Hoffman Estates.

"My dad said that the hardest part was that he'd never get to be a grandfather," Snyder said. But the women, now 37, had no intention of forgoing parenthood. Still, it took five years and more than $50,000 to reach their goal. Said Borchew: "We had no idea what we were in for."

Thirty years ago, same-sex couples started having children in ever-increasing numbers. Today, they still face a mixed bag of challenges when forming families, whether by adoption or reproductive technology, advocates say.

While some of the obstacles Borchew and Snyder encountered were no different than those experienced by infertile straight couples, others were a result of the nation's patchwork laws and lingering hurdles for same-sex couples. The couple gave the Tribune an inside look at the highs and lows on the path to parenthood for same-sex partners.

Currently, 19 percent of gay men and almost 50 percent of lesbians have a child, according to the the National Opinion Research Center's 2008 General Social Survey. As more states recognize same-sex marriage — Maryland became the eighth this month — while others have murky laws, the number of potential child-rearing headaches are bound to increase, experts say.

For Borchew and Snyder, their status informed nearly all their decision-making, such as where they'd deliver, lest they find themselves at a hospital that didn't recognize their union.

"If you create your family and don't fit into a typical pattern, you're going to have some holes in your legal relationship that you didn't even know about," said Jill Metz, a Chicago attorney who specializes in lesbian, gay, bisexual and transgender cases. "It's a constantly evolving and very tricky situation."

In the beginning, the women knew they'd need hefty resources to have a baby. They didn't realize that they'd need deep reservoirs of patience, as well. First, they struggled to find an OB/GYN willing to do inseminations, as some medical personnel are uncomfortable working with gays or lesbians, they said.

"There's a reason that many lesbians make jokes about using a turkey baster at home," Snyder noted dryly. Eventually, they found their way to Chicago Women's Health Center, where Borchew's eggs were combined with donor sperm, then implanted into her womb.

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IVF postcode lottery, slammed by fertility expert

A top Manchester fertility expert has slammed the results of a parliamentary report which revealed the extent of the IVF ‘postcode lottery’ in the region.
Professor Brian Lieberman, who founded Britain’s first fully-funded NHS IVF unit in 1982, hit out, saying it’s ‘wholly unacceptable’ that couples are being denied the treatment they need.

He spoke out after a new study by a cross-party group of MPs showed Stockport was one of just five NHS trusts which does not offer IVF to couples struggling to have a baby.

Bosses at NHS Stockport stopped funding cycles of treatment for new patients as part of a drive to save £300,000 a year.

Professor Lieberman, who went on to launch private infertility clinic Manchester Fertility Services based in the city centre, said: "IVF for some reason isn’t seen as essential treatment by some PCTs.

"What this means is that infertile couples in the region are now being faced with a stark choice – pay privately or don’t have a family. It’s wholly unacceptable.

"IVF was pioneered to overcome infertility, which is an illness and which people don’t any control over.

"It’s not a ‘lifestyle’ illness, and it’s about time PCTs recognised this."

While Manchester Fertility Services has seen an increase in the number of patients from funded-cut areas such as Stockport, Professor Lieberman says he would rather they received the right treatment in the first place.

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