Are UK surrogacy laws about to change?
Are UK surrogacy laws about to change?
Pride Month is a time for lesbian, gay, bisexual and transgender individuals to celebrate and work to achieve equal justice and opportunities.
One topic that comes up a lot when discussing LGBT+ issues is that of parenting options. There are many paths available to same-sex couples or LGBT+ individuals to become a parent, including donor insemination, IDI (intrauterine insemination), adoption / fostering, co-parenting, and one way that is set to get a lot easier – surrogacy.
What is surrogacy?
Surrogacy is when a woman gives birth to a baby for someone else to raise. Often same-sex couples, individuals, or those struggling to conceive will consider surrogacy.
The Law Commission have recently announced that they are looking to reform the current laws surrounding surrogacy.
Currently, the law requires a period of six weeks from birth for the couple or individual wanting to raise the child to be able to become the legal parents. The proposed changes would recognise the intended parents as such immediately form birth.
What is the proposed change?
Currently, the law requires a period of six weeks from birth for the couple or individual wanting to raise the child to be able to become the legal parents. However, the reality is it is usually significantly longer, and can have a serious emotional impact on the soon-to-be-parents, as well as significant legal implications surrounding parental responsibility.
The proposed changes would recognise the intended parents as such immediately from birth. As well as a regulatory route being overseen by purposely formed organisations, there will be a register which will allow the child to trace the surrogate in the future and firm guidelines as to what is acceptable in terms of payments to the surrogate.
So, is it actually happening?
The Law Commission published their final report and draft legislation on 29 March 2023. It is now for the Government to review and consider the recommendations in The Law Commission’s final report. We await an interim response.
DISCLAIMER: The information and opinions expressed in this article does not address individual requirements and is for informational purposes only. It does not constitute any form of legal advice and should not be relied on or treated as a substitute for specific advice relevant to your particular circumstances.