Calls to Reform Surrogacy Laws

The Law Commission has recently published its surrogacy consultation paper: ‘Building families through surrogacy: a new law’. Sir Nicholas Green, Chair of the Law Commission, has called the current laws governing surrogacy, "outdated and no longer fit for purpose". He highlights the increase of the use of surrogacy; criticising the current law and recommending ways to promote the interests of all, including the child.

Under the current law the ‘intended parents’ have no legal rights in respect of the child until a parental order is made. The Law Commission has proposed a change that would make intended parents the legal parents once the child is born, with the surrogate having a right to object within a short period of time. Other proposals include:

  • The establishment of a surrogacy regulator;
  • Removing the requirement of a genetic link between the intended parents and the child, where medically necessary;
  • Creating a national register, allowing children born of surrogacy to access information about their origins.

Lanyon Bowdler’s family department are specialists in their field and can advise those who are either considering, or have recently been involved in, surrogacy of their rights and responsibilities. If you or someone you know would benefit from an appointment with one of our specialists then please contact a member of the family team for further advice.