The Law Commission of England and Wales has recommended changes to UK surrogacy laws that could see couples becoming legal parents of surrogate children from birth.
Under the suggested reforms, surrogates would be able to withdraw their consent up to six weeks after giving birth but would need to apply for a parental order to obtain legal status as parents. Currently, the intended parents of a surrogate child have no legally-recognised relationship with the child until a parental order is granted.
The reforms would work towards greater transparency and legal certainty, benefiting children, surrogates and intended parents. The commission also recommended the use of non-profit Regulated Surrogacy Organisations to support surrogates and intended parents.
The reforms aim to discourage commercial surrogacy, where a woman may be at risk of exploitation. This could also mean that payments for medical costs and insurance would be allowed, but not general living expenses or compensatory payments.
The commission hopes to encourage intended parents to carry out surrogacy arrangements in the UK rather than overseas, where exploitation risks can be considerably higher.
