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Feminism: Sex and gender discussions

Surrogacy laws to be overhauled under new reforms – benefitting the child, surrogate and intended parents - Law Commission proposals

132 replies

IwantToRetire · 12/04/2023 01:01

The Law Commissions’ report and draft legislation, the culmination of a detailed review, outlines a new regulatory regime that offers more clarity, safeguards and support – for the child, surrogate and parents who will raise the child (“the intended parents”).

Under the reforms, a new system governing surrogacy agreements, “the new pathway”, would come into force – the first time that the law has introduced a route for surrogacy where scrutiny of arrangements starts pre-conception.
Overseen by non-profit organisations operating under a regulatory body, the Commissions’ new pathway would ensure rigorous pre-conception screening and safeguarding. If the right conditions are met, it would allow intended parents to become the legal parents of the child from birth, subject to the surrogate’s right to withdraw her consent.

The new system would improve the current process, which involves a sometimes complex and lengthy journey through the courts after the child has been born, resulting in some couples waiting up to a year after birth before they become legal parents of the child.

https://www.lawcom.gov.uk/surrogacy-laws-to-be-overhauled-under-new-reforms-benefitting-the-child-surrogate-and-intended-parents/

Really only posting to make others aware of this report (I couldn't find a thread about it so hope its not a duplicate).

Article (from a man's perspective!) https://www.spectator.co.uk/article/women-are-being-ignored-again-in-the-surrogacy-debate/

Response from Nordic Model Now https://nordicmodelnow.org/2023/04/01/ask-your-mp-to-say-no-to-commercial-style-surrogacy-in-the-uk/

Women are being ignored again in the surrogacy debate

Just over five years ago, I wrote an article here about sex and gender and the issues raised by policies and practices allowing people to self-identify in the gender of their choice. Then, the topic was obscure and marginal to a great many people: my d...

https://www.spectator.co.uk/article/women-are-being-ignored-again-in-the-surrogacy-debate

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Whaeanui · 14/04/2023 07:32

@ResisterRex I love the way you phrase things. I think all your bullet points are sane and reasonable too!

Happylittlechicken · 14/04/2023 07:28

So if we can “gift” children, and surrogacy is altruistic, why are people being paid for it? Surely they’d be doing it out of the goodness of their hearts, expecting no recompense? Why is it costing someone $75000 to buy a baby when as a poster said, the baby is a gift? At what age does selling a human become illegal? 5? 7? 50? Why is it ok to sell a baby but not a 3 year old?

ResisterRex · 13/04/2023 22:34

Is objecting to the commodification of women's bodies, the sale of infants, and the addition of "ongoing consent" to the statute, things one pins one's "perception of self-worth" to? Let's break them down:

  • commodification of women's bodies. Yes, I think humans are priceless and not something like a pint of milk you stick in the shopping. Being a woman, I do link that to my own self-worth and I think that's a sane and reasonable position.
  • sale of infants. Again, babies are not a ready meal or a car to be bought and sold, and picked over, bargained for. Another sane and reasonable viewpoint.
  • objecting to ongoing consent as a legal concept. I fear we would be back to rape in marriage being legal, as one nasty example of where that would go. I do link that to my own self-worth and again, I think it's sane to view myself as my own person who doesn't give the ongoing nod for an act being down to me whenever. I also think this is reasonable. I am worth more than this.
EndIessTea · 13/04/2023 22:25

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EndIessTea · 13/04/2023 22:22

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stealtheatingtunnocks · 13/04/2023 22:12

Babies have rights and a need for
security.

The only thing they know at birth is the heart rate and smell of their mother, not the ego of their purchaser.

poor babies. It’s inhumane

nilsmousehammer · 13/04/2023 22:11

If the 'legitimate alternatives' include disregarding centering the needs of a child? Isn't that problematic rather than legitimate? There's a lot of articulate explanation of the issues here, that are perfectly rational reasons for not agreeing with you.

Londisc · 13/04/2023 22:05

It’s really weird that you are unable to imagine a baby has rights which need to be considered.

Ok. You are not interested in even trying to engage in rational conversation. You are not interested in actually truly considering any possibility that there might be legitimate alternatives to the worldview which you are desperately clinging to and trying to protect because you've pinned your perception of self-worth onto it. You will get support on this particular board of course, so I can see why you stick with it.

nilsmousehammer · 13/04/2023 21:25

Excellent posts from EndlessTea

It is also worth reading what adult adoptees have to say about their experience. A significant number have raised the difficulty and emotional burden/impact on relationship with their adoptive parents through things like knowing: they were wanted to fill a hole in the parents' life: they were brought into the family to serve an adult's purpose. That their adoptive parents don't want to know or think or talk about the feelings that the adult child grew up with regarding their birth parent and the loss of them. That they are under unspoken pressure to be grateful. That the adoptive parents celebrate the day of their being united as something joyful, when to the child it was a day of loss.

And these adults were not intentionally created, and their loss of their birth parent and identity intentionally caused to serve that adult's emotional need. That's going to potentially add a whole lot of extra challenges. And those kids who were adopted went to very carefully vetted parents, with supervised hand over and settling times, where the parents had been trained and helped to understand that the child is not simply a blank slate on which to project the adult's wishes as if they were a birth child; that they have a history which cannot be a dirty secret dressed up in 'she was just a walking incubator, she wasn't your mother'.

Yes, some kids will be fine and happy. Others won't be. Others may seriously suffer. How many kids are collateral damage to this being seen as ok for rich adults to do for themselves?

EndIessTea · 13/04/2023 21:21

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Londisc · 13/04/2023 20:54

Why did you share what your DC thought on this thread?

With regard to surrogacy, what specific rights of the child are you talking about?

EndIessTea · 13/04/2023 20:25

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EndIessTea · 13/04/2023 19:58

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EndIessTea · 13/04/2023 19:43

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EndIessTea · 13/04/2023 19:42

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EndIessTea · 13/04/2023 19:42

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Londisc · 13/04/2023 19:23

The problem is if you object to the principle then you don't want to know that the study is showing no adverse effects for the children. You can't say 'you're not thinking about the child' and then ignore what the study is saying about the child.

The benefit for the child is that they exist after a lot of planning and care and are very much loved and - when the everyone involved maintains ongoing contact - is very well aware of how much they were actively wanted and planned for and welcomed into the world. Not 'sold' but a 'gift', yes, and that is also what children from these families report. I know that people don't think the children should have a say in whether surrogacy should be continued in the UK but EndlessTea obviously doesn't think that given that she has quoted what her DC think.

Again, I have no - and will never have - personal or commercial involvement in surrogacy.

EndIessTea · 13/04/2023 18:50

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IwantToRetire · 13/04/2023 18:39

Also (this thread is making me think - phew) it is only relatively recently (in the west at least) that women being pregnant could be a choice.

Prior to that women became pregnant more often than they wanted, or could cope with.

And with that choice, a whole different approach and language is being used about having children. Not that this might not have happened pre contraception, but it is like two parallel developments. ie children being born through positive choice, rather than just being one of many, and at the same time a growth in an attitude that if you cant give birth someone else can / should do it for you, and those who dont want to give birth but want a baby.

And the report is more a response to that second development.

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Allthegoodnamesarechosen · 13/04/2023 18:38

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I’m not sure that it is for the benefit of the ‘the State’, just for a few privileged individuals, often operating outside the boundaries of belonging to one Sate, and with no loyalty to anything other than themselves.

Monsters.

IwantToRetire · 13/04/2023 18:32

I remember reading in Firestone’s obituary, that she was pretty misogynistic. She wouldn’t clean up after herself, saying “I am an intellectual” - so someone else, probably a woman, would have to do it.

I dont think it was misogyny but more a rejection of any "traditional" female roles. And this was also at the time that (some) women were arguing for wages for housework, so so long as you were paying them, yes dont do your own housework.

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EndIessTea · 13/04/2023 18:29

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EndIessTea · 13/04/2023 18:27

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ResisterRex · 13/04/2023 18:17

How does surrogacy benefit the child?

Newnamenewname109870 · 13/04/2023 18:17

One minute a baby is not a baby until it’s born and a woman should be able to abort it right up until birth. But if it’s surrogacy the baby is actually a baby and will be deeply traumatised as has apparently now been a baby since conception.

Yes a newborn baby will automatically want the women who birthed it, but it will very quickly bond with whichever human becomes it’s primary caregiver. A newborn baby will also wanr to breastfeed. A newborn baby will also want to cosleep. Apparently we’re not allowed to enforce that.

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