Parenthood of children born following IVF treatment in Scotland
23rd June 2016
The latest edition of Scots Law Times contains an article co-authored by Robert Gilmour and Janys Scott QC of Westwater Advocates reporting on the first Scottish case arising from the failure of fertility clinics to ensure that appropriate consent forms were obtained from unmarried couples undergoing fertility treatment using donor sperm (‘What’s in a form? Parenthood of children born following IVF treatment' (SLT 2016 , 18, 87-91)).
The case, heard by Lord Brailsford in the Court of Session, provides the first clear indication that the Scottish Courts will adopt the same approach as has been taken by their English counterparts to the question of establishing legal parentage under Part 2 of the Human Fertilisation and Embryology Act 2008.
Robert, who is acting for a number of affected Scottish families, commented, “I hope our article will assist in bringing to the wider attention of the legal community the important issues raised by these cases and also provide hope and reassurance for others in Scotland who may have found their parental status called into question through no fault of their own that a remedy is available."
For more information on these issues see our news articles of 12 September 2015, 26 October 2015 and 8 April 2016, or contact Robert Gilmour.
