Surrogacy can be a long, arduous process for all involved, and a new review has concluded there are “significant problems” with the UK’s current surrogacy laws. Advisers have proposed major changes to current legislation, with the aim of making the process more clear, straightforward and empathetic.
The Law Commission of England and Wales has published a report together with the Scottish Law Commission, which provides a draft legislation of recommended changes. The Surrogacy Arrangements Act 1985 hasn't been updated since it was passed almost 40 years ago.
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© GothamWhy do surrogacy laws need changing?
The increase of children born via surrogacy over the last ten years has been the catalyst for the proposed changes. “As society has changed, surrogacy has become more common – the number of children born from surrogacy has increased almost fourfold over the last decade,” the report explains. A-listers such as Kim Kardashian, Sarah Jessica Parker and Tyra Banks have helped to normalise surrogacy. Kardashian famously used surrogates to welcome her daughter Chicago, and son, Psalm.
Currently, intended parents cannot start the legal guardian process until after the child is born. They then have to apply to court to become the child’s legal parents, which can take six months to a year to complete. It continues, “During that period the surrogate is the child’s legal parent, which doesn’t reflect the reality of the child’s family life, and can affect the intended parents’ ability to make decisions about the child in their care.”
Leaders suggest reform with seven main points intended to make the process easier for the child, the surrogate and “the intended parent” both physcially nd mentally. Here’s a summary of what you need to know and how it might affect you.
What are the proposed surrogacy law changes?
Birth rights: The most signifcant change could mean intended parents become parents of the child from birth, as opposed to waiting for a parental order.
A Surrogacy Register: a surrogacy register has been proposed, to give children the opportunity to trace their origins when they are older if they wish to do so.
A clearer payment system: “No profit” laws would remain (meaning it’s still illegal for third parties to make money on the process), and clarity over payments would be improved, an update the advisers say is needed to avoid exploitation. Intended parents’ payments to surrogates will include things like medical and wellbeing costs, recouping lost earnings, pregnancy support and travel.
International surrogacy: The process for international surrogacies will also be smoothed, with safeguarding and protecting the welfare of those children at utmost priority.
Would surrogates still have any rights?
Yes, surrogates would still have rights over the child, but greater power would be given to the intended parents.
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