Changing UK Surrogacy Laws – Our Campaign

Responding to the Law Commission’s consultation

REFORM AREA 4: Double donation (no genetic link to IPs required) could be permitted under the New Pathway in domestic surrogacy

Question 20 in the Short Form Survey relates to the bundle of proposals discussed below .

There are two parts to our guidance on this bundle of reforms:

  1. A summary of the Law Commissions’ provisional proposals 
  2. Surrogacy UK’s emerging views on the provisional proposals (please note these are provisional views that will evolve as we consult with our members and the surrogacy community)
SUMMARY OF THE LAW COMMISSIONS’ PROVISIONAL PROPOSALS 
OVERVIEW: The proposal by the Law Commissions is to remove the need for one of the IPs to have a genetic link to the child/children born through surrogacy where it is medically necessary. This would bring surrogacy law in line with other forms of assisted reproduction, such as IVF, which allows the use of fully donated embryos (or “double donation”)
WHEN WOULD DOUBLE DONATION BE ALLOWED?:
  • This option would only be available for those within the new pathway (domestic surrogacy arrangements who comply with the new pathway requirements)
  • The Law Commissions ask if there should be a condition of ‘medical necessity’ introduced for those wishing to use double donation (NB this is not a requirement for those using fully donated gametes in IVF)
  • The Law Commissions also ask whether the requirement for a genetic link should remain for those domestic surrogacy arrangements that follow the PO route 
  • The Law Commissions proposes that the requirement for at least one IP to have a genetic link to the child should be retained in international surrogacy arrangements

 

WHAT ARE SURROGACY UK’S EMERGING VIEWS ON THE PROVISIONAL PROPOSALS? 

PLEASE NOTE THESE ARE PROVISIONAL VIEWS THAT WILL EVOLVE AS WE CONSULT WITH OUR MEMBERS AND THE SURROGACY COMMUNITY

OUR VIEW:
  • Surrogacy UK has campaigned for the removal of the need for a genetic link in surrogacy so we are in support of this proposal. 
  • We are interested in hearing from our members as to whether they support a requirement for “medical necessity” in order to be able to use double donation in surrogacy (this is not currently required for those using double donation in IVF) 
  • For those using double donation under the Parental Order route, we are considering whether we think there should be a requirement to evidence that that there was intention for surrogacy pre-conception. This would prevent people from being able to pass off an adoption as a surrogacy arrangement.  
  • We agree that the restriction should remain for international arrangements in order to prevent child trafficking; however, consideration could be given for allowing this if it can be evidenced that the surrogacy agreement followed procedures and standards that are equivalent to those of the new pathway

Click here to download the Short Form Survey and respond to the Law Commissions’ provisional proposals. Question 20 refers to this reform area.

Back to the intro page or click on the reform areas below to learn more

Reform Area 1 Creation of a new pathway that allows intended parents to be legal parents from birth
Reform Area 2 Specific requirements and safeguards that are mandated for entry into the New Pathway
Reform Area 3 A regulator for surrogacy and regulated surrogacy organisations
Reform Area 4 Double donation (no genetic link to IPs required) could be permitted under the New Pathway in domestic surrogacy
Reform Area 5 Creation of a national surrogacy register so those born through surrogacy can access information about their origins
Reform Area 6 The Law Commission asks an open question about what kinds of payments should be allowed in surrogacy arrangements
Reform Area 7 For international surrogacy arrangements the Law Commission proposes reform and guidance to make it easier to bring a surrogate child back to the UK