{"id":27414,"date":"2023-05-11T10:59:36","date_gmt":"2023-05-11T09:59:36","guid":{"rendered":"https:\/\/research.reading.ac.uk\/research-blog\/?p=27414"},"modified":"2023-05-11T11:00:38","modified_gmt":"2023-05-11T10:00:38","slug":"surrogacy-whats-it-all-about","status":"publish","type":"post","link":"https:\/\/research.reading.ac.uk\/research-blog\/2023\/05\/11\/surrogacy-whats-it-all-about\/","title":{"rendered":"Surrogacy \u2013 what\u2019s it all about?"},"content":{"rendered":"

Professor Th\u00e9r\u00e8se Callus<\/a>, expert in biomedical and family law issues at the University of Reading, explains the recent Law Commission proposals on reform of the law on surrogacy.<\/em><\/p>\n

\"Focus<\/p>\n

The Law Commission has recently published its recommendations and a draft Bill<\/a> on reform of the law on surrogacy \u2013 a practice which results in the birth of approximately 400\u2013500 babies each year. Although according to Department of Health guidance, \u2018altruistic surrogacy is an established and legal way of creating a family in the UK\u2019 and can be \u2018a positive and rewarding experience\u2019, it is not well understood by the general public (only 26% IPSOS poll are aware it is legal) and its regulation is widely recognised by stakeholders and judges as being unclear, outdated and generally unfit for purpose.<\/p>\n

Surrogacy is the process by which a surrogate carries a baby for \u2018intended parent(s)\u2019 (either a single person or a couple) with the intention that the intended parent(s) will become the legal and social parents of the child. Commercial surrogacy is illegal so it is not possible to enter into a binding contract or to benefit financially from any surrogacy arrangements. However, privately organised surrogacy is legal in the UK and operates generally through non-commercial associations. The Law Commission\u2019s summary<\/a> of the practice is helpful.<\/p>\n

It is important to stress that the Law Commission Report does not re-open the debate on the legality of surrogacy itself, nor does it oppose the continued prohibition on commercial surrogacy arrangements. Rather it addresses how to regulate the difficult issues raised by the practice which those involved have identified as being in need of better regulation and safeguards.<\/p>\n

For example, who should be the automatic legal parents of children born through surrogacy? What should the birth certificate reflect? (See my comment on this in Bionews<\/a>). Can a surrogate be paid or receive compensation for her gestational efforts, and if so, is there a risk of exploitation? How can international arrangements be dealt with? Is there a need for a dedicated regulator and surrogacy agencies, along with a national register of surrogate-born children for them to access information on their origins? Must there be a genetic link between the child born and at least one of the intended parents?<\/p>\n

Some of these questions have been grappled with for years with the growing use of assisted conception more widely. My research<\/a> has explored recognition of legal parental status in assisted conception\u2013 that is where third party intervention takes place in the conception process resulting in potentially a number of different people being involved in the birth of a baby \u2013 through donated gametes and genetic links; gestational and child birth processes; psychological and social parenting etc. My comparative research<\/a> shows that different countries adopt diverse approaches but the law in the UK has tended to be broadly facilitative and progressive in legally recognising and regulating different ways to form families. However, surrogacy poses additional issues due to the nature of the practice, and the directly opposing ethical arguments held by some.<\/p>\n

Under the current law, the surrogate is automatically the legal mother of the child (and if she is married, her husband will be the father unless it is shown he did not consent). The intended parents must apply to the court after the birth of the child for a parental order which will transfer the legal status of parenthood to them. Only \u2018reasonable expenses\u2019 can be paid by the intended parents to the surrogate who should not make a profit from the process.<\/p>\n

The main criticisms of the current law are:<\/p>\n