How can I start a family following menopause?

"You've left it too late".

This was the stark pronouncement made by one of my dearest friends shortly prior to my fortieth birthday. She peered in and examined my forehead more closely. "You should have started Botox ten years ago – you already have static lines."

Other than my "static lines" I was generally looking forward to turning forty. Age is a privilege and I have already been promised that "this is when the fun starts" and that when I hit the menopause I will no longer be plagued by migraines.

However, many who are approaching, or have already gone through, the menopause, may be concerned about the impact on their fertility. Menopause typically takes place between the ages of 45 and 55. However, it can begin from the age of 40 ("early menopause") or even prior to that ("premature menopause"). 18 October marks World Menopause Day and, as with anything which increases awareness and understanding, it is pleasing to see that menopause is taking a front seat in conversations in workplaces worldwide.

As a family lawyer, I am aware that some families can face difficulties in starting a family. This can be for a whole host of reasons, of which menopause may be one.

Following menopause, it is not possible for there to be natural conception. Our advice to individuals in that situation is to consider the alternative pathways to parenthood (such as IVF, surrogacy and adoption) which are available. Each of these has different implications and requirements from a legal perspective:

• IVF – Those who have gone through the menopause may still be able to carry a baby to term with assisted reproduction following IVF. Individuals who have frozen eggs or embryos in advance of menopause may be able to use those. Alternatively, a donor egg or donor embryo may be required. 
• Surrogacy – A surrogate may be genetically linked to the child ("traditional surrogacy"), or act as a gestational surrogate (where the embryo is created via IVF before implantation). 
• Adoption – An adoption order removes parental rights and responsibilities from the birth parents and transfers them to the adoptive parents. In Scotland, children may be adopted by a couple who are married to each other or in an enduring family relationship, or by a single person. 

With many now choosing to start or expand a family at a later stage in their lives or careers, menopause awareness and conversations around fertility should go hand in hand, so as to address any concerns about whether or not, like my frown lines, it really is "too late". If you wish further advice regarding your options, please get in touch with one of our family lawyers.