Katie Taft
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Date Published:16 Jul 2019 Last Updated:18 Jan 2022

What is a preconception agreement and why should I have one?

Fertility Law

A pre-conception agreement is a written document which you can prepare with your donor/co-parent before you conceive.
Everyone who will be taking part in the arrangement should be involved in putting the agreement in place, and it should reflect the discussions which you’ve had about how your arrangement will work.

There are no set rules for what an agreement should contain, but topics that you may want to address include your practical plans for conception, issues relating to parenting such as who the child will live with and who they will spend time with, and who will have financial responsibility.

These agreements are not legally binding, which means that if there is a dispute in the future, the family court will not be
bound to enforce the agreement. However, is it very worthwhile to have one in place, as the process of preparing the document will help you all to reflect on your expectations and hopes for the arrangement, and will encourage you to focus on some of the trickier issues that you may not otherwise make time to discuss. Our experience shows that setting up arrangements with careful thought and planning is the best way to avoid problems arising in the future.

If you are planning to start a family with the help of a donor or are hoping to co-parent, please contact our specialist fertility team for more information about our services. Call us on 01202 525333 or email us at fertility@ellisjones.co.uk