Changing UK Surrogacy Laws – Our Campaign

Responding to the Law Commissions’ consultation

REFORM AREA 7: For international surrogacy arrangements the Law Commissions propose reforms and guidance to make it easier to bring a surrogate child back to the UK

Questions 14 to 46 in the Short Form Survey relate 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: It is thought that international surrogacy arrangements may count for up to half of surrogacy arrangements entered into by UK-based IPs. The proposals in this section look to improve the way that these arrangements work. 
WHAT ARE THE PROPOSALS?: Chapter 16 of the consultation paper looks at international surrogacy arrangements. It looks at three key areas:

  • Nationality: the proposal aims to streamline and shorten the process that allows a child to obtain a passport by proposing that this process could begin before the child is born
  • Immigration: the consultation paper provisionally proposes that the application process for a visa could begin before a child is born. It also proposes that the immigration route that exists outside the Immigration Rules be brought within the Rules.
  • Legal Parenthood: the consultation paper provisionally proposes that the law should provide the ability to recognise the status of legal parenthood acquired by the IPs in other countries automatically, without the need to apply for a PO in this country. This would be on a country-by-country basis, based on whether the laws and practices of the country in question provide adequate protection for the welfare of the child and against exploitation of the surrogate proposes that the government provide a comprehensive guide for IPs looking to have a child through surrogacy overseas about the nationality and immigration consequences of doing so.

 

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 deals solely with UK surrogacy. We welcome proposals that prioritise the welfare of children, protect the rights of surrogates and protect IPs who are looking to create their family overseas. 

Click here to download the Short Form Survey and respond to the Law Commission’s provisional proposals. Questions 14 to 46 refer to this reform area.

Back to 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