New parents should take legal responsibility for a baby from a surrogate mother as soon as it is born, says the Law Commission. This proposal forms one of several of the Law Commissions consultation into the overhaul of surrogacy laws. Other proposals include:
- The creation of a surrogacy regulator to regulate surrogacy organisations which will oversee surrogacy agreements within the new pathway.
- In the new pathway, the removal of the requirement of a genetic link between the intended parents and the child, where medically necessary.
- The creation of a national register to allow those born of surrogacy arrangements to access information about their origins.
Given that the laws governing surrogacy have not changed since their introduction in the 1980s, the proposals provide for a much-needed update.
Until these recommendations are implemented however, the area of surrogacy remains legally complex. Prospective parents need expert legal advice both in relation to the law around children and other areas, for example the need for accurate Will drafting.
If you would like to speak to one of our experienced Family Solicitors regarding surrogacy or any other matter relating to arrangements for children, please contact a member of the Family Department on 01603 620508 or email us.