The Law Commission in England, Wales and Scotland will undertake a joint three year project to develop law reforms and give recommendations upon surrogacy law. This will involve public consultation with the aim of publishing a paper within a year.
The project will consider the legal parentage of children born through surrogacy, the regulation of surrogacy and the rights of all involved. This includes the question of the child’s right to access information about their origin.
The aim is to prevent exploitation of children and adults, which can now sometimes happen in surrogacy. The review will take place shortly, as it is deemed that the current laws are no longer fit for purpose since they were first introduced 30 years ago.
Surrogacy Law Reforms – Key Areas To Be Considered
The areas to be considered will include difficulties with Parental Orders.
A Parental Order transfers parentage from the surrogate mother (the birth mother) to the intended parents. This only happens after the baby is born and currently if the birth mother changes her mind then a Parental Order cannot be made without her consent.
When surrogacy involves an international element there is further uncertainty in the law. The Commission is concerned about the potential for exploitation of surrogates.
The final point is the regulation of surrogacy and how the rules can be brought up to date and improved to give greater protection for all concerned.
If You Are Considering Surrogacy
If you are involved in a surrogacy arrangement, either as the intended parent or the surrogate, then it is essential that you obtain independent legal advice, particularly if you are concerned that the arrangement is at risk of breaking down.
If the baby has been born and the surrogate has changed her mind about handing the baby to the intended parents then each party should take their own independent legal advice immediately to ensure that decisions regarding the future of the child are determined just as soon as possible if they cannot be agreed.
The Court will consider the welfare of the child in making a final determination and therefore early action/intervention is essential.
How Nelsons Can Help
Melanie Bridgen is a Partner in Nelsons’ Family Law team.
Should you require legal advice in relation to surrogacy then please contact one of our experts in Derby, Leicester or Nottingham on or contact us via the online form.