Becoming a Second Parent - Rights & Restrictions under the Human Fertilisation & Embryology Act

Introduction

As stressed by Sir James Munby in Re Human Fertilisation and Embryology Act 2008 (Cases A, B, C, D, E, F, G and H), the question of parentage is a question of fundamental gravity and importance. Yet this question remains an uncertain one in cases where a child is created via fertility treatment and this uncertainty extends far beyond cases of surrogacy. Recent cases such as Re P v Q and another (Child: Legal Parentage) and FZ v MZ [2025] highlight the limitations of the Human Fertilisation and Embryology Act 2008 in relation to modern families.

This virtual classroom seminar will explore the provisions of the Human Fertilisation and Embryology Act 2008 (HFEA 2008) in relation to IVF and artificial insemination. This live session will focus on the rights of second parents and how someone can be registered as a child’s second parent under the HFEA 2008. It will also consider situations where someone cannot be registered as a child’s second parent by considering recent case law, including those mentioned above. This live session will also provide a summary of the provisions of the HFEA 2008 in relation to second parents and situations where these provisions do not apply.

What You Will Learn

This live and interactive course will cover the following:

• Understand parental definitions under HFEA 2008
• Who is considered the child’s mother
• What this means in practice and practical implications
• Clarify second parent rights
• Who is considered the child’s second parent
• Recognise the exceptions to this
• Interpret recent case law
• Understand the boundaries and limitations of the Human Fertilisation and Embryology Act 2008, as highlighted in recent case law
• Explore the impact of cases such as Re P v Q and FZ v MZ [2025]

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.