March 29th 2023.
(Image Source: https://metro.co.uk) For decades, British surrogacy laws have stayed relatively unchanged, leading the Law Commission to conclude they are inadequate and outmoded. Professor Nick Hopkins, a family law commissioner with the Law Commission, pointed out that surrogacy is usually an intricate process for everybody involved. He commented, “We need newer laws that are in the best interests of the child, surrogate, and intended parents. Reforms will guarantee that surrogacy agreements are correctly regulated, with assistance and security included in the system from the start.”
The proposed changes in the government-commissioned assessment would permit couples to become the legal parents of the surrogate baby at birth. The surrogate would have the option of rescinding their consent until six weeks after the infant’s birth, and after that point, they would have to obtain a parental order to gain legal guardianship instead of the intended parents.
Activists have asserted that there is an increase in demand for surrogacy, yet the existing laws are deemed insufficient in delivering the necessary amount of protection for all parties involved.
The Law Commission contends that the law as it stands is not beneficial for the children born through surrogacy, surrogates, or intended parents. Usually, the individuals raising the baby do not have a legally recognised connection with the child until the granting of a parental order, with the surrogate and their partner viewed as the legal parents of the child up until that point.
This means the intended parents are unable to make any decisions regarding the child, including medical treatment.
The Law Commission’s proposed “new pathway” would be supervised by brand-new not-for-profit organizations known as Regulated Surrogacy Organizations.
For decades, British surrogacy laws have been largely unaltered and are considered to be 'outdated and not fit for purpose' according to the Law Commission. Professor Nick Hopkins, a family law commissioner at the Law Commission, noted that surrogacy agreements are often intricate. He declared: 'We need a more up-to-date set of laws that serve the interests of the child, surrogate, and intended parents. Changes will guarantee that surrogacy agreements are properly supervised, with assistance and protection built into the system from the very beginning.' The proposed reforms from the government-appointed assessment would allow couples to become the legal parents of a surrogate baby at birth. The surrogate would be allowed to revoke their permission until six weeks after the baby's birth, at which point they would have to apply for a parental order for legal parental status in place of the intended parents. Supporters have voiced there is a requirement for the current laws to be amended to provide the needed level of protection for everyone involved. The Law Commission states that the existing legal framework does not serve the best interests of the children born through surrogacy, surrogates, and intended parents. In many circumstances, those looking after the baby have no lawful relationship with the child until a parental order is granted and the surrogate and their partner are recognized as the legal parents of the child until then. This means that the intended parents are unable to make decisions concerning the child, including medical treatment. The suggested 'new pathway' would be managed by fresh non-profit-making organisations called Regulated Surrogacy Organisations.
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