Proposed Reforms Recognise Outdated Surrogacy Laws and Embrace Modern Times: A Significant Step Forward in Family Law.

Surrogacy laws, written almost 50 years ago, are finally being recognised as outdated. A new report on proposed reforms acknowledges the changing times and the need for an updated framework. 

Becoming a parent is a significant milestone, and for some, surrogacy is an option worth considering. Surrogacy involves a woman carrying and giving birth to a baby for another person or couple, known as the “intended parent(s).”  

What types of surrogacy are there?

There are two types: full surrogacy, using the intended mother’s eggs, and partial surrogacy, where the surrogate’s eggs are fertilised by the intended father’s sperm. 

Over the past decade, the acceptance of surrogacy has grown, with the number of children born through surrogacy nearly quadrupling. However, the laws governing surrogacy were established in the 1980s when the practice was still in its infancy. Now, the Law Commission of England and Wales, along with the Law Commission of Scotland, has released a joint report recommending a robust new system to govern surrogacy. 

The report, published in April 2023, suggests significant changes that would modernise surrogacy laws and regulations. While it will take time for these proposals to become legislation, it is exciting for many that they represent the most significant reform in surrogacy laws in years. 

The recommended reforms aim to ensure that the motivations behind surrogacy arrangements remain primarily altruistic rather than commercial. They also seek to promote intra-UK surrogacy agreements, reducing the potential exploitation of mothers in other countries and addressing ethical concerns and associated costs. 

Intended parents will become parents from birth

One key aspect of the proposed reform is streamlining the process for legal parenthood in domestic surrogacy arrangements. Currently, intended parents must apply to the Court for a Parental Order after the child is six weeks old. The new recommendations clarify who would be the child’s legal parents at birth, assuming consent is given. Consent plays a crucial role throughout the process. 

The reforms also provide clarity on acceptable payments to surrogate mothers, allowing for necessary expenses, but prohibiting compensatory payments and commercial surrogacy.  

Furthermore, the proposed changes include the establishment of a Surrogacy Register to hold information about the parties involved and provide access to information for surrogate-born individuals about their surrogate and intended parents. 

Guidance on nationality and immigration is also addressed to prevent delays in children’s documentation when international surrogacy arrangements are involved. Pre-conception safeguards are proposed to protect the interests of all participants, addressing current gaps in the system. 

The Law Commissions’ report acknowledges the need for change and recognises that parents are living in a different world than when the original laws were drafted. The proposed reforms are a positive step forward in ensuring surrogacy laws reflect the realities of the modern era and seek to make the entire process much more emotionally sensitive.  

If you would like to chat through your options in creating your family through surrogacy, please do get in touch with the team.

Allington Hughes Family Team

Our specialist family law solicitors understand how important your matter is to you and the impact it will have on your loved ones.

We will work with you to take a conciliatory approach to your matter whether it is about your children, a financial matter, or both.

The advice and support our family law experts will offer is tailored to you and your individual needs, based on many years of experience.

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