ON the anniversary of the Law Commission’s call for surrogacy law to be overhauled, JCP Solicitors’ Angela Killa, Director in the Family team, is calling on prospective surrogates and parents to better understand the legal rules around this complicated path to parenthood.

Proposing a new regulatory route for surrogacy arrangements in the UK, the Law Commission’s recommendations for the Government puts forward a change to the law so that intended parents would become parents of the child from birth in certain circumstances. Currently, intended parents must wait months to obtain a parental order ¾ which causes stress and anxiety, not to mention administrative difficulties when registering the child.

A Surrogacy Register would also be created under the new proposals, allowing surrogate children to trace their birth origins later in life. Overall, the recommendations laid out in the report would improve regulation of domestic surrogacy to dissuade UK residents from going abroad, as international surrogacy agreements can bring greater risk of exploitation of women and children in some countries.

A year on from the reform suggestions, surrogacy rates continue to rise in the UK – surging by 350% over the past 12 years. Now, legal experts say it is more relevant than ever to understand the full implications of entering a surrogacy agreement.

Angela Killa, Director in the Family team at JCP Solicitors, explains: “In the UK, a surrogate (and her husband or male civil partner, if relevant) are considered the mother (and father) of a child at birth. Intended parents must apply for a Parental Order, which is heard before the Court ¾ making it highly advisable for those involved in surrogacy cases to appoint a Solicitor.

“We often see immense stresses from both the parents and the surrogate, as the current law means that the parental order can take months to obtain which can be incredibly anxiety-inducing.

“For example, intended parents may worry that the surrogate will change her mind or will not give her consent freely, whereas surrogates may also worry that the intended parents may change their mind(s) or make unreasonable demands during pregnancy.

“This feels particularly difficult given the fact that many intended parents are likely to have dealt with a lot of trauma before considering surrogacy: many have faced fertility struggles and may even have dealt with the devastation of failed pregnancies or baby loss. For LGBTQ+ couples, there may have been additional challenges faced due to discrimination or prejudice. Therefore, empathy and consideration is of paramount importance when discussing this issue.”

The government published an interim response to the report in November 2023, with Maria Caulfield MP stating: “While we appreciate the importance of this work, parliamentary time does not allow for these changes to be taken forward at the moment.” Despite this response, legal experts working in surrogacy encourage the Government to take action and fully consider the proposed amendments. 

Angela explains: “The reforms laid out in the Surrogacy Reform Act by the Law Commission may help to ease the stress and pressure for all involved. The Government are encouraged to provide a full response as soon as possible so progress can be made in this important area of law”.

Angela Killa is a member of Resolution, a family law organisation advocating for a constructive approach to family issues.