Fertility and the couple

There needs to be sufficient numbers of good quality sperm available when the woman is ovulating (producing eggs). Regular sexual intercourse around the expected time for ovulation should increase the chance of conception, you do not need periods of "sexual abstinence" to improve sperm count. In general a couple who have sex three times a week should be having sex frequently enough to catch ovulation.

Many couples are surprised that the woman does not get pregnant as soon as they try to have a baby. If a couple have no fertility problems then there is about a 25% chance of getting pregnant each month. If there is no problem requiring medical help you will generally be pregnant within two years of trying. If a woman is over 35 years old or the couple already know they are likely to have a problem then they should ask to be referred for investigations after six months of trying.

Legal Parenthood

These provisions relating to legal parenthood apply to consent given after April 6th 2009, in relation to treatment taking place after April 6th 2009.

Under the new provisions couples in civil partnerships will both be considered legal parents of any child born from treatment, in the same way that the law applies to married couples where treatment involves donated sperm or embryos created with donated sperm.

The new law also makes provisions for the partners of women who are not married or in a civil partnership, and who are being treated with donated sperm or embryos created with donated sperm, to be recognised as a legal parent of any resulting child, if consent is given by both partners.

Who needs to give consent?

These consent forms apply to:-

  • Married couples or couples in a civil partnership undergoing treatment by insemination with donated sperm
  • Husbands and civil partners will be asked to sign a form to confirm that they have no objection to being the legal parent of any child resulting from treatment.
  • Married couples or couples in a civil partnership undergoing IVF with donated sperm or embryos created with donated sperm.
  • Married couples or couples in a civil partnership need to complete these forms if the couple wish the husband or civil partner of the woman to whom embryos are to be transferred to be considered the legal parent of any child born from embryos transferred after the death of the husband or civil partner. N.B This only applies where the embryos have been created prior to the death of the husband or civil partner.
  • Couples who are not married or in a civil partnership
  • Unmarried heterosexual couples where the female partner is receiving treatment with donated sperm or embryos, and the couple wish the male partner to be considered the legal parent of any resulting child.
  • Same sex couples not in a civil partnership where one partner is receiving treatment with donated sperm or embryos and the couple wish the other partner to be considered the legal parent of any resulting child.

When

You will be asked to complete these forms before treatment commences. With the exception of married men or those in a civil partnership completing a consent to legal parenthood after death, both partners will need to complete forms.

The Forms

Consent to parenthood after death

Husbands or civil partners of women undergoing IVF with donated sperm will need to complete a “PP” form to confirm that they do not object to being the legal parent of any child resulting from treatment. This form also allows them to indicate whether they wish to be considered the legal parent of any child resulting from the transfer of embryos after their death. This only applies to the transfer of the embryos created prior to the death of the husband or civil partner.

Consent to legal parenthood

Women who have a partner, but are not married or in a civil partnership, and are undergoing treatment with donated sperm or embryos created using donated sperm, will be asked to complete a “WP” form, naming their partner and consenting to them being the legal parent of any child resulting from treatment. Partners of these women will need to complete a “PP” form, naming their partner and consenting to be the legal parent of any child resulting from treatment.

Implications for registration of the birth

From the 6th April 2009, both legal parents can be registered and appear on the birth certificate regardless of gender.

Withdrawal of consent

If either partner wishes to withdraw consent (to their partner being the legal parent, or to being the legal parent), they may do so at any time up to the time of insemination or embryo transfer. This should be done using form WC which can be provided to you. However, if you wish to withdraw consent and do not have access to this form you may do so in writing, stating your name and your partner’s name and making if clear that you are withdrawing your consent to legal parenthood.

If consent is withdrawn we would consider that the woman receiving sperm or embryos was being treated as a single woman, and would expect her to undergo counselling accordingly prior to commencing/recommencing treatment.

Refusal to give consent

If the woman being treated refuses to consent to her partner being the legal parent of any child resulting from treatment, or the partner of a woman being treated who is not her husband or civil partner, does not wish to consent to being the legal parent of any resulting child, we would expect there to be a break in treatment while the couple consider their relationship and whether treatment should continue. Should she choose to continue, the woman being treated would be regarded as a single woman for the purposes of treatment and we would expect her to undergo counselling accordingly.