Fertility & Modern Families

Fertility and Modern Family Law Solicitors in Scotland

At Kee Solicitors, we provide specialist legal advice for individuals and families exploring all paths to parenthood in Scotland.

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Fertility and Modern Family Law

Understand legal parenthood before treatment where possible, and get clear advice when questions arise after birth or separation.

Families are created in many ways, but legal parenthood does not always follow genetics, intention or day-to-day care. The outcome can depend on who gives birth, whether treatment takes place at a licensed clinic, relationship status, pre-treatment consent and whether a parental or adoption order is required.

We advise intended parents, donors, surrogates and families throughout Scotland at every stage: before treatment or conception, after birth, when a parental order is delayed and when separation or disagreement creates a parenthood issue. Advice before arrangements begin is ideal, but it is not the only point at which legal help is valuable.

80+
Years of Combined Legal Experience

A team with extensive experience across the full range of family law.

3
Offices Across Scotland

Glasgow, Aberdeen and Edinburgh, with telephone and video appointments available throughout Scotland.

£250+VAT
Fixed-Fee Initial Consultation

Focused advice from a family solicitor, followed by a written assessment and a tailored fee estimate.

100%
Specialist Family Law Focus

A dedicated family law team handling everything from straightforward separation to complex financial and child law disputes.

Services

What Fertility and Modern Family Services Do We Offer?

At Kee Solicitors, we provide specialist legal advice for individuals and families exploring all paths to parenthood. Whether you are considering surrogacy, adoption, donor conception or assisted reproduction, our experienced team is here to guide you through the legal process with clarity and care.

Surrogacy, assisted reproduction, donor conception and inclusive routes to parenthood.

In surrogacy, the person who gives birth is the legal mother at birth. Intended parents normally require a parental order to transfer legal parenthood. The statutory conditions include genetic connection, age, domicile, the child’s home, consent and a six-month application period, with separate provisions for couples and single applicants.

For licensed fertility treatment, the Human Fertilisation and Embryology Act 2008 determines who is a legal parent. The correct clinic consent forms should be completed before treatment. Informal or home insemination with a known donor can produce a different legal result and should not proceed on assumption.

Donor-conceived people may have rights to obtain information from the HFEA register, with the level of identifying information depending in part on when the donor was registered. Families should understand those future information rights as part of planning.

We also advise on adoption, LGBTQ+ parenting, co-parenting arrangements and disputes following separation. Where an overseas clinic, surrogate or donor is involved, coordinated advice in the relevant country may be essential.

Our one-hour fixed-fee initial consultation costs £250 + VAT. You will receive focused advice from a family solicitor, a written assessment of your position and a tailored estimate for any further work.

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FAQs

Frequently Asked Questions: Fertility Law and Modern Families in Scotland

Common questions about fertility law and modern family arrangements in Scotland.

Why take legal advice before fertility treatment?

Legal parenthood can depend on licensed treatment and consent completed before treatment starts. Advice before treatment can prevent uncertainty that a private agreement or later intention may not be able to cure.

The person who gives birth is the legal mother. The identity of the second legal parent depends on marriage or civil partnership, licensed treatment, pre-treatment consent and the conception arrangements. A licensed-clinic donor is not the legal parent merely because of genetics.

The surrogate, as the person who gives birth, is the legal mother at birth. Intended parenthood is usually established later by a parental order, if the statutory criteria are met.

It is the bespoke court order that transfers legal parenthood after surrogacy from the surrogate and any other legal parent to the intended parent or parents. It also leads to a new birth record.

LGBTQ+ individuals and couples can use adoption, assisted reproduction, donor conception and surrogacy. The legal steps vary by route, relationship status and consents, so advice should be tailored rather than assumed to be identical in every case.

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Please note that we cannot offer Legal aid.