What the new surrogacy reforms could mean for you

'Our decades-old laws are outdated and not fit for purpose.'

For decades, surrogacy laws in Britain have remained largely the same and as such are now ‘outdated and not fit for purpose’.

This is what the Law Commission found, while proposing major changes to make the process accessible for intended parents.

Professor Nick Hopkins, family law commissioner at the Law Commission, stressed that surrogacy agreements are often a complex process for all involved.

He said: ‘We need a more modern set of laws that work in the best interests of the child, surrogate, and intended parents.

‘Reforms will ensure that surrogacy agreements are well-regulated, with support and security built into the system from the very beginning.’

Under the suggested reforms in the government-commissioned review, couples could become a surrogate child’s legal parents at birth.

The surrogate would also be able to withdraw their consent until six weeks after the baby’s birth but by that stage they would have to apply for a parental order to gain legal parental status instead of the intended parents.

For years, campaigners have argued there is a rise in demand in that area, but the existing laws are seen to fall short in providing the right level of protection for all parties.

The Law Commission argues that the law as it stands does not work in the best interests of the children born though surrogacy, surrogates, or intended parents.

In most cases, those raising the baby have no legally recognised relationship with the child until the grant of a parental order, with the surrogate and their partner considered the legal parents of the child until that point.

This means the intended parents cannot make any decisions about the child, and this includes medical treatment.

Its suggested ‘new pathway’ would be overseen by new non-profit-making bodies called Regulated Surrogacy Organisations.

To be eligible, a surrogate would have to be aged at least 21 years old, while the intended parents must be at least 18.

At least one of the intended parents must have a genetic link to the child and where there are two intended parents they should be married, in a civil partnership, or living as partners ‘in an enduring family relationship’.

Another key problem with the current law involves payments to surrogates. The commission said it lacks clarity and is difficult to enforce.

To avoid what it describes as ‘commercial surrogacy’, which runs the risk of exploitation, it recommends while payments for things like insurance and medical costs be allowed, general living expenses and compensatory payments should not.

The potential reforms also include the setup of a Surrogacy Register which would hold information about the surrogate and the intended parents.

The commission states that one of the main aims of recommendations for reform is to encourage intended parents in the UK to enter into surrogacy arrangements in the UK, rather than overseas.

Professor Gillian Black, commissioner at the Scottish Law Commission, insisted the child’s welfare ‘is paramount in all of our reforms’ and said the so-called new pathway would ensure ‘critical screening and safeguarding measures for the surrogate and intended parents will take place before conception’.

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