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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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Newnamenewname109870 · 12/04/2023 13:19

Happylittlechicken · 12/04/2023 07:14

So they want to legalise human trafficking then? Awesome. Suppose it fits in with how the government see people as property.
it’s considered cruel and inhumane to separate puppies and kittens from their mothers at birth, why are human babies worth less consideration?

if it’s illegal to buy and sell organs, how is legal to buy and sell babies?

No. The whole point is to stop that. Women have a right to be surrogates thanks. Their body.

aweegc · 12/04/2023 13:17

‘Some consultees wanted a requirement that the surrogate gives further, affirmative consent after the child is born, rather than giving her the right to withdraw her consent. We felt that such a requirement would not respect the shared intentions of the surrogate and the intended parents. A requirement for further consent after birth also suggests that the surrogate’s consent before conception is not adequate, which does not respect her autonomy. Instead, we think her continuing consent can be inferred from her decision not to withdraw her consent, rather than requiring her to make a further declaration.’
Read that bit in bold again, and remember that we’re talking about a woman’s consent to give away her child.
When my car insurance expired recently, my insurer was required by law to ask me if I wanted to renew the policy or take my business elsewhere – because the law doesn’t allow that company to infer my continuing consent to the annual payment of a few hundred quid. But the Law Commission apparently believes that there are circumstances in which it is not just acceptable but preferable – empowering, even – for the law to infer a woman’s consent, in this case to giving up the custody of her newborn baby. And that the best way to ‘respect the autonomy’ of a woman is by not asking her for her ongoing consent.

Very well illustrated important point.

Actually makes me feel nauseous that consent can be implied.

EndIessTea · 12/04/2023 13:04

This reply has been deleted

This has been deleted as the poster is not a genuine poster.

ResisterRex · 12/04/2023 08:30

Bumping. That's a great article about a very worrying report. Where else might "ongoing consent" apply if that's permitted here? A bit like "gender identity", it's one to be kept well away from statute.

MrsOvertonsWindow · 12/04/2023 08:29

Such a good article. I like James Kirkup being on our side! He wrote the wonderful article that exposed the Denton's report to the world and showed us why we're in this awful mess.
The questions he raises about women and surrogacy are spot on!

Happylittlechicken · 12/04/2023 07:14

So they want to legalise human trafficking then? Awesome. Suppose it fits in with how the government see people as property.
it’s considered cruel and inhumane to separate puppies and kittens from their mothers at birth, why are human babies worth less consideration?

if it’s illegal to buy and sell organs, how is legal to buy and sell babies?

Equalitea · 12/04/2023 06:35

I thought that the spectator article was really good.

There’s been a thread, I think it was called something like ‘surrogacy to be liberalised’.

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