North Cyprus has become an increasingly popular option for UK patients looking for fertility treatment. On the face of it, it’s easy to see why. It can be cheaper, quicker, and in some cases offers treatments that simply aren’t available in the UK. But in reality, there are some very real risks that many are unaware off.

The key issue is regulation or more accurately, the lack of it. North Cyprus isn’t subject to the same legal and regulatory framework we’re used to in the UK or across the EU. There’s no equivalent of the HFEA (Human Embryology and Fertilisation Act ) overseeing clinics, no consistent external scrutiny and far fewer safeguards for patients. That absence of oversight matters.

A recent BBC investigation brought some of these concerns into sharp focus, including cases where patients were told one thing about donor selection but later discovered something very different eventually learning that their children were not as they had believed, full siblings.  Situations like that raise obvious questions about governance, record-keeping and transparency and understandably shake confidence.

From a legal perspective, the problems can run much deeper than the treatment itself. One of the recurring issues I see is the lack of proper, independent legal advice at the outset. Patients are often navigating incredibly complex arrangements particularly where surrogacy is involved without fully understanding the legal consequences.

There can also be a worrying lack of clarity around how surrogates are identified and supported. In some cases, the surrogate may not even give birth in North Cyprus, but in another jurisdiction entirely. That introduces a whole new layer of legal complexity, with different laws governing parenthood, consent, and the surrogate’s own rights.

The consequences of that can be serious. I’ve seen situations where intended parents face real difficulties bringing their child home to the UK, securing citizenship, or being recognised as the child’s legal parents. These aren’t just technical hurdles they can be stressful, expensive and emotionally draining to resolve.

The English courts are increasingly having to grapple with these cases. Clinics such as Dogus Clinic referenced in the BBC enquiry have also come under scrutiny in recent High Court proceedings, and I was instructed on one such matter currently awaiting judgment before Mrs Justice Knowles. The issues being examined around transparency, consent and how these arrangements are structured are not minor.

None of this is to say that people shouldn’t explore options abroad. But it does mean they should go into it with their eyes open. Proper legal advice, real understanding of how the arrangements work, and careful consideration of the risks are absolutely essential. Fertility treatment is  a wonderful science but it is already an emotional and significant step. Doing it in a largely unregulated environment adds a layer of risk that, in my experience, many people only fully appreciate when it’s too late.

There are number of domestic and international option for those exploring surrogacy arrangements and some fantastic resources such as ‘TheSurrogacyFather’ who can help families navigate which options may be best suited to them.   JMW’s London Modern Families Team work  with a range of professionals to ensure that when a couple of individual decide to embark on a pathway to parenting, that you are equipped with the knowledge and resources to do so in the saftest and most reassuring manner.

Mark Gilmartin is the head of our London’ office’ Modern Family Team and can be contacted at mark.gilmartin@jmw.co.uk.